Due to winter weather, Governor Bill Lee has closed all State offices on Tuesday, January 16. However, Bureau employees who are able to work from home will do so. The first day of summer is about six months away.
Author: tncourtofwcclaims
Happy MLK Day–and Check for Cancelations
The State of Tennessee's offices are closed today in observance of Dr. Martin Luther King Jr.'s birthday. Due to the current inclement weather, things look a little iffy for conducting business in-person tomorrow, depending on where you live in the state. So please check back to this blog early Tuesday morning if you have a … Continue reading Happy MLK Day–and Check for Cancelations
Gray v. Tyson Foods to be argued online
The Appeals Board previously ordered that the upcoming oral arguments in Gray v. Tyson Foods be heard in-person. However, the Board has now decided to conduct the arguments by videoconference in the case. A revised docket is here if you wish to observe the proceedings.
A Brief Word for Attorneys
By Judge Dale Tipps, Murfreesboro I often assure attorneys at the outset of a hearing that I’ve read their briefs and prehearing statements. What I don’t say is how much I appreciate the fact that they filed them. But I do appreciate it, and I feel the lack when a party doesn’t file one. A … Continue reading A Brief Word for Attorneys
New Year; Use TNComp
By Penny Shrum, Clerk of Court, Nashville As the new year begins, so do the resolutions – be healthier, spend more time with family, use TNComp… Make a resolution to upload filings directly to TNComp. When you upload a document in TNComp, you may immediately download a stamped-filed copy. Court staff and the judge assigned … Continue reading New Year; Use TNComp
Court may Order Benefits Even When a Declaratory Action is Pending
By Jane Salem, staff attorney, Nashville Parties to a workers’ compensation lawsuit don’t have to wait for a judgment from a collateral court before the workers’ compensation judge can order a party to furnish benefits. This ruling came from the Appeals Board earlier this month, and it was the latest in a series of decisions … Continue reading Court may Order Benefits Even When a Declaratory Action is Pending
Hug Your Friends this Holiday Season
By Judge Thomas Wyatt, Chattanooga We blinked our eyes, and Christmas came and went. Soon we will ring in 2024. My mind, however, is cast upon thoughts apart from the hustle and bustle of the season. Of course, the true reason for the season is the greatest gift of all. Second only to that is … Continue reading Hug Your Friends this Holiday Season
Court Rules Revisions Take Effect TOMORROW
By Judge Pamela Johnson, Knoxville Judge Pamela Johnson A recent post alerted practitioners to changes in the Appeals Board’s rules. Not to be outdone, the Court of Workers’ Compensation Claims has also revised our rules. The Court updates the rules to bring better clarity and efficiency to the system. The new rules will go into … Continue reading Court Rules Revisions Take Effect TOMORROW
Appeals Board to Hear Arguments on February 7
The Appeals Board will hear four sets of arguments on February 7, 2024. First up will be video-conference arguments in Thomas v. Duracell-Cleveland. The trial judge granted the employee’s request to involuntarily dismiss her case without prejudice over the employer’s objections. The employer appealed, arguing that both parties had filed petitions for benefit determination, and … Continue reading Appeals Board to Hear Arguments on February 7
Really McCoy
By Judge Brian Addington, Gray Elijah McCoy was the son of escaped slaves. Born in Canada in 1844 and educated in Scotland as a mechanical engineer, he moved to the United States as a young man and settled in Ypsilanti, Michigan. The only place he could find work was as a lineman and oiler on … Continue reading Really McCoy
Appeals Board Rules: Revisions!
By Elizabeth K. Vines, Workers’ Compensation Appeals Board staff attorney, Cookeville When speaking on behalf of the Appeals Board to any audience, I always stress the importance of reading our rules. They’re our “how-to” manual and can help practitioners and self-represented litigants alike avoid losing an appeal on technical grounds. It’s safe to say that … Continue reading Appeals Board Rules: Revisions!
December Clarksville Settlements to be Reset
Due to the tornadoes, the Montgomery County Courthouse is closed Tuesday, December 12. If you are scheduled for a settlement tomorrow, please contact Sarah McMahan immediately at Sarah.McMahan@tn.gov
Mark Your Calendars: 2024 Approval Dates in Clarksville and Columbia
By Sarah McMahan, administrative assistant, Nashville Have you thought about the new adventures that await you in the upcoming new year? If not, I have a delightful suggestion. Begin your new year on an audacious note by heading to Clarksville and Columbia for your settlement approvals in 2024. Clarksville and Columbia are the correct locations … Continue reading Mark Your Calendars: 2024 Approval Dates in Clarksville and Columbia
Board Defines “Underlying” for Temporary Disability Benefits
By Traci Haynes, staff attorney, Gray Last month, the Appeals Board heard oral arguments in Basham v. SPB Hospitality. The Board has now issued its opinion and explained the meaning of an “underlying physical injury” in the context of temporary total disability benefits. In the case, Basham requested an expedited hearing to reinstate temporary total … Continue reading Board Defines “Underlying” for Temporary Disability Benefits
Opinion Instructs on Fees for a Wrongful Denial
By Sarah Byrne, staff attorney, Nashville This past summer, the Appeals Board affirmed a denial of attorney’s fees on an alleged wrongful denial. It’s a cautionary tale about what can perish between expedited and compensation hearings, as “the lack of the expedited hearing transcript in the record on appeal prove[d] fatal.” In Ruggieri v. Amazon.com, … Continue reading Opinion Instructs on Fees for a Wrongful Denial
Board Reverses Summary Judgment When Disputed Facts Exist
By Traci Haynes, staff attorney, Gray Summary judgment wasn’t appropriate in a case involving too many disputed facts, where the trial court didn’t explain why certain disputed facts were immaterial. An earlier article discussed the oral arguments in Timothy Burke v. Steve Towers Enterprises. Burke was managing an automobile repair store, when he and a … Continue reading Board Reverses Summary Judgment When Disputed Facts Exist
Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
By Sarah Byrne, staff attorney, Nashville The Appeals Board recently released its opinion in Satterfield v. Smoky Mountain Home Health & Hospice, affirming an award of extraordinary relief and deciding Kimberly Satterfield didn’t waive additional permanent disability benefits by leaving a box unchecked on the first of two dispute certification notices filed in her claim. … Continue reading Board Clarifies “Disputed Issues’ and Affirms Extraordinary Relief
Welcome, New Lawyers
By Judge Brian Addington, Gray I was honored to sponsor Delanie Williams at her admission ceremony before the Tennessee Supreme Court in Knoxville on October 6. I’ve known Delanie’s grandmother for years, so it was a pleasure to have Delanie intern for the Court in the Gray office in 2021. During her time here, she … Continue reading Welcome, New Lawyers
Board Mulls whether Shooting Relates to Work
By Traci Haynes, staff attorney, Gray Last month, the Appeals Board heard oral arguments in a case where an auto repair shop manager was accidentally shot by another worker, who was trying to sell him a handgun. In Timothy Burke v. Steve Towers Enterprises, the trial court granted summary judgment, concluding that the injury didn’t … Continue reading Board Mulls whether Shooting Relates to Work
“Disclose” an expert means “Identify”
By Jane Salem, staff attorney, Nashville Yesterday, the Appeals Board reversed a trial court order excluding an expert’s testimony as a sanction for failure to meet a deadline to “disclose.” In Ariel Taylor v. Coca Cola Bottling Company, the trial court held that the employer failed to comply with a scheduling order and excluded its … Continue reading “Disclose” an expert means “Identify”
From the Bench 