By Judge Brian Addington, Gray In 1993, a Croatian janitor found an injured white stork. The stork couldn’t fly, so the janitor decided he needed to take care of it. He allowed the bird inside his house and made a place for it to roost, but upon further evaluation decided it best for the bird … Continue reading When Simply Caring Isn’t Enough
Author: tncourtofwcclaims
Judicial Conference Next Week
This means that no settlements will be heard in any office on January 30 and 31. In Nashville, Chief Judge Switzer will be on the bench at the regular time on January 29. Nashville, however, will be the only office doing approvals on that date. Business as usual on Monday and Tuesday. Thanks for your … Continue reading Judicial Conference Next Week
Appeals Board revises the oral arguments docket for next week
Check it out here. For a refresher about the cases at bar, click here.
Mark your Calendars: Remote Settlement Dates Announced
By Sarah Donley, administrative assistant, Nashville Have you started to consider the exciting adventures that the new year might bring? If you haven’t, here’s an idea: kick off your new year by visiting one of our remote locales for a settlement approval in 2025. As a reminder, we schedule all approvals for the remote sites … Continue reading Mark your Calendars: Remote Settlement Dates Announced
State Offices will Close Tomorrow
Bureau offices will be closed on Friday, January 10 for winter weather. However, many Bureau employees are able to work from home and will do so tomorrow. Be safe and warm.
How to Close Future Medical Benefits
By Judge Dale Tipps, Murfreesboro [Blog administrator’s note: We published this previously but removed it when we realized the newest templates weren’t posted on the Court’s website. The templates have now been added.] If you can remember all the way back to June, you may recall attending an interesting session titled, “TODAY in Tennessee – … Continue reading How to Close Future Medical Benefits
Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
By Jane Salem, staff attorney, Nashville The Appeals Board held last week that an employer must offer a new panel of physicians to an employee under a grant of future open medical benefits, after the authorized treating physician discharged the employee from his care. The Board wasn’t persuaded that the employee’s alleged misconduct amounted to … Continue reading Misbehavior isn’t ‘Noncompliance’ Justifying Cutting off Open Medicals
Panel (Again) Upholds Constitutionality in Facial Challenge
By Jane Salem, staff attorney, Nashville The Reform Act of 2013 has survived another constitutional challenge, per opinions released earlier this month from the Tennessee Supreme Court. In the Panel opinion, Brad Wigdor injured his knee when he slipped and fell on oil while working. Electric Research and Manufacturing Cooperative accepted the claim, and he … Continue reading Panel (Again) Upholds Constitutionality in Facial Challenge
Full Supreme Court to decide Significant Aggravation Case
In July, the Tennessee Workers’ Compensation Appeals Board split 2-1 in Edwards v. Peoplease on the medical causation issue. The case involved an assertion of aggravation of a preexisting condition. The majority concluded Edwards did not prove the injury and need for knee replacements arose primarily from work. Rather, according to the majority, the employee’s preexisting arthritis … Continue reading Full Supreme Court to decide Significant Aggravation Case
Nashville settlement hours extended
As the song goes, "It's the most wonderful time of the year." To settle your cases, that is. Open settlement approvals in Nashville on Thursdays will now last until 11:00 a.m. Central time on December 5, 12 and 19.
Winter Oral Arguments Announced
The Appeals Board has released its latest oral argument docket, where cases will be heard both live and virtually. On January 21, 2025, the Board will head to Jackson, Tennessee to hear four appeals. The cases present a wide variety of fascinating legal issues. First, the judges will consider the sufficiency of an employee’s notice … Continue reading Winter Oral Arguments Announced
Board Releases Willful Misconduct Opinion
By Taylor Skees, staff attorney, Memphis After oral arguments, the Appeals Board has issued its opinion in Dingus v. Grand Piano. The crux of the case was whether Gary Dingus’ actions amounted to a willful violation of Grand Piano’s safety rule to remain tethered to his harness while working on a forklift, causing his fall … Continue reading Board Releases Willful Misconduct Opinion
Beauty Among the Destruction
By Kimberly D. Weaver, Paralegal, Knoxville On September 27, 2024, Hurricane Helene hit upper Tennessee and western North Carolina. It was horrifying, and we could not believe what our eyes were seeing. Was this really happening in the mountains of Appalachia? This was biblical in nature. Homes and businesses were washed away. Raging rivers swept … Continue reading Beauty Among the Destruction
Board Issues Another Instructive Summary Judgment Opinion
By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Recruiting the Next Generation of Comp Lawyers (We Hope)
By Jane Salem, staff attorney, Nashville Chief Judge Kenneth M. Switzer and I had the pleasure of visiting Prof. Lynn Ridgeway Zerht’s employment law class today at Belmont University College of Law. We talked about the system generally and lifecycle of a typical case, and then we prompted a discussion of some recent appellate decisions … Continue reading Recruiting the Next Generation of Comp Lawyers (We Hope)
Workers’ Compensation Courts Grant Hurricane Helene Relief to Affected Areas
Earlier this month, the Tennessee Supreme Court activated a limited disaster plan for all the trial courts in the First, Second, Third, and Fourth Judicial Districts after severe flooding that occurred September 26 and 27, 2024, in the wake of Hurricane Helene. The Supreme Court is granting a 45-day extension of mandatory deadlines contained in the Tennessee … Continue reading Workers’ Compensation Courts Grant Hurricane Helene Relief to Affected Areas
Weighty Perm Total Opinion in the Works
By Traci Haynes, staff attorney, Gray One of the most commonly asked questions at mediation is, “If I accept the initial payment of permanent partial disability, will it prevent me from requesting permanent total after the initial compensation period?” For years it has gone unanswered. The Appeals Board heard arguments on this issue of first … Continue reading Weighty Perm Total Opinion in the Works
See you Wednesday!
Settlement approvals can be challenging--especially if you're a new attorney. But even seasoned lawyers sometimes present agreements that aren't approved. So remember to register for this Wednesday's free continuing legal education seminar about settlement approvals. Click here for details and the link to register. October 30, When It's Time to Settle, starts promptly at 11:30 … Continue reading See you Wednesday!
The Essential Functions of a Job Drive a Return-to-Work Offer
By Sarah Byrne, staff attorney, Nashville On Monday, the Appeals Board reversed the trial court in Bibiane Francoeur v. Amerimed Medical Solutions, LLC. The employer appealed an expedited award of temporary disability for Ms. Francoeur, whose no-driving restriction prevented her from getting to work—where Amerimed could’ve accommodated her work restrictions. The decision “hinge[d] on whether … Continue reading The Essential Functions of a Job Drive a Return-to-Work Offer
Don’t forget to register for Wednesday’s Free CLE
Just a reminder that you must pre-register for each of the four weekly upcoming continuing legal education seminars that are starting this Wednesday. This week's program: Update on Court Procedures and Best Practices. October 23, 2024, 11:30 a.m. Central Time/12:30 Eastern Time | Register for Webinar 1 Judges Joshua Davis Baker, Pamela Beason Johnson, and Amber … Continue reading Don’t forget to register for Wednesday’s Free CLE
From the Bench 