By Kaitlynn Lehman, 2L, Court intern, Belmont College of Law, Nashville Writing to you “From the Bench,” my name is Kaitlynn Lehman, and I’ve just finished my first year of law school at Belmont University. The Tennessee Bureau of Workers’ Compensation has taken me under its wing as an intern to show me the ins … Continue reading Oral Arguments, Conflicting Experts, and the Appeals Board’s Significant Reversal
Author: tncourtofwcclaims
Board Issues Decision in Ridley v. Mature Care
Yesterday, the Tennessee Workers’ Compensation Appeals Board released its decision in Ridley v. Mature Care of Standifer Place. The Board held oral arguments in the case last month at the Bureau’s Educational Conference before several hundred attendees. The Appeals Board held oral arguments on June 13, 2024. Left to right, they are Judge Pele Godkin, … Continue reading Board Issues Decision in Ridley v. Mature Care
Board Splits on Preexisting Condition Aggravations
By Jane Salem, staff attorney, Nashville Last week, the Tennessee Workers’ Compensation Appeals Board, in a divided decision, considered a case in which the employee suffered a work injury that she claims aggravated a preexisting condition and caused the need for a particular treatment. The Board took a deep dive into four expert opinions. The … Continue reading Board Splits on Preexisting Condition Aggravations
Happy Fourth of July
By Chief Judge Kenneth M. Switzer, Nashville While riding my bike early this morning, for some reason I began to reflect on the 4th of July--probably because it’s tomorrow. State offices will be closed. Don’t forget to omit the holiday in counting timeframes/deadlines under our rules. No settlement approvals. But beyond the day off. Beyond … Continue reading Happy Fourth of July
Happy “Tinth” Anniversary to Us
By Judge Brian Addington, Gray It’s our traditional “tin or aluminum” anniversary today. July 1 marks the tenth anniversary of the Tennessee Court of Workers’ Compensation Claims. The Court was established on July 1, 2014, with eight judges: Josh Baker, Pamela Johnson, Lisa Lowe, Allen Phillips, Kenneth Switzer, Jim Umsted, Tom Wyatt, and myself. The … Continue reading Happy “Tinth” Anniversary to Us
Citing Correctly is Fun–Not!
By Jane Salem, staff attorney, Nashville I don’t make my bed first thing every morning. The Christmas tree doesn’t come down on December 26 but usually sometime mid-January when it’s a fire hazard. If I close a door, it’s once, not five times. I’d rather read a book than dust the shelves that store them. … Continue reading Citing Correctly is Fun–Not!
Smoothing those Bumps in the Road (and Beyond)
By Chief Judge Kenneth M. Switzer, Nashville Chief Judge Switzer In March, I authored an article entitled “Important Change Coming Soon.” The gist of the article was to report that beginning on March 25, all mediations would end in the issuance of a dispute certification notice. The reason had to do with the TNComp computer … Continue reading Smoothing those Bumps in the Road (and Beyond)
No Settlement Approvals
No settlement approvals will take place next week during the Bureau's Educational Conference. Those dates are Wednesday through Friday, June 12-14. Then there are the upcoming holidays. Don't forget that all Bureau offices are closed on Wednesday, June 19, to celebrate Juneteenth, and well as Thursday, July 4, for Independence Day. (And remember that in … Continue reading No Settlement Approvals
A Medical Records Refresher
By Judge Audrey Headrick, Chattanooga Do you recall the 1993 movie Groundhog Day starring Bill Murray and Andi McDowell? It’s memorable because Bill Murray’s character humorously relives the same day over and over. Like Groundhog Day, the Court of Workers’ Compensation Claims also experiences a reoccurring situation. We routinely see file “dumps” of medical records. … Continue reading A Medical Records Refresher
Memphis office is closed May 16
We're having water main problems, and the building isn't habitable today. If you have a settlement approval set for today, please call the office to reschedule. The Bureau's employees in Memphis will all be working remotely. We're sorry for the inconvenience.
Oral Arguments at the Educational Conference: The Sequel
Summer is a great time for movie franchises to release films. This summer, we’ll see the return of Mad Max, Garfield the cat, Bad Boys, and Riley from “Inside Out.” Perhaps inspired by the cinema—or not—the Tennessee Workers’ Compensation Appeals Board is doing a sequel of sorts of its own. Last year, the Board held … Continue reading Oral Arguments at the Educational Conference: The Sequel
Board Announces May, June Oral Arguments
The Tennessee Workers’ Compensation Appeals Board will hold virtual oral arguments in the coming weeks. Mark your calendars, and tune in from the comfort of your office, home, or dare we say, the beach? After all, school is almost out, and summer is near. On May 21, the Board will revisit two cases. At 2:00 … Continue reading Board Announces May, June Oral Arguments
The Sums of Our Experiences?
By Judge Thomas Wyatt, Chattanooga Judge Thomas Wyatt A favorite “chicken or egg” discussion is, are we a product of our experiences, or are our experiences a product of who we are? At the Court of Workers’ Compensation Claims, we see all varieties of workers, from office personnel to truck drivers, and from health care … Continue reading The Sums of Our Experiences?
It’s All Settled
By Judge Allen Phillips, Jackson Judge Allen Phillips One of the goals of the 2013 Reform Act was an efficient and timely system for resolution of claims. Settlement by agreement furthers that goal by getting employees their benefits quicker and by allowing employers to avoid undue litigation expenses. And the number of settled claims is … Continue reading It’s All Settled
Help Ensure Courtroom Safety
By Judge Lisa Lowe, Knoxville “Doomscrolling” is a 21st Century word, defined as “the act of spending an excessive amount of time reading large quantities of negative news online.” Everyone who owns a phone—meaning just about everybody—does it from time to time. So, sadly, we’re all aware of the seemingly increased tendency to resort to … Continue reading Help Ensure Courtroom Safety
No Doubt; You Must Have a Dispute
By Judge Dale Tipps, Murfreesboro Disputed settlements are permitted under section 50-6-240(e), which allows parties to settle a claim without regard to whether the employee is receiving substantially the benefits to which they are entitled. Below, I’ll point out a few potholes along the road to approval of these types of agreements (it’s spring, and … Continue reading No Doubt; You Must Have a Dispute
Oldham v. Freeman Webb: Another Look at Summary Judgment
By Taylor Skees, staff attorney, Memphis The Appeals Board recently released an opinion about whether a motion for partial summary judgment is proper in the Court of Workers’ Compensation Claims, and when summary judgment motions can be heard. The case is Oldham v. Freeman Webb Company Realtors, and it provides us an opportunity for a … Continue reading Oldham v. Freeman Webb: Another Look at Summary Judgment
Important Change Coming Soon
By Chief Judge Kenneth M. Switzer, Nashville Chief Judge Switzer Beginning March 25, 2024, all mediations in cases pending before the Court of Workers’ Compensation Claims will conclude with the issuance of a dispute certification notice. To explain the reason for the change, it all has to do with TNComp, the Court of Workers’ Compensation … Continue reading Important Change Coming Soon
Time-Saving Tips (Inspired by a Jazz Icon)
By Jane Salem, staff attorney, Nashville “Time isn’t the main thing, it’s the only thing.” – Miles Davis I wonder what caused Miles Dewey Davis, III to utter those wise words. After all, he was a trumpeter, composer, and bandleader, not a lawyer who bills for his time. You’d think a creative type like him … Continue reading Time-Saving Tips (Inspired by a Jazz Icon)
A Primer on Enforcing/Defending Against Open Medicals
By Judge Shaterra R. Marion, Memphis The Court of Workers’ Compensation Claims will celebrate ten years this July. This isn’t an original thought, but time really does fly. When the Court was first created, we weren’t thinking much about post-judgment matters, for obvious reasons—we hadn’t adjudicated that many cases and were just getting started approving … Continue reading A Primer on Enforcing/Defending Against Open Medicals
From the Bench 