By Judge Brian Addington, Gray While an undergrad at Pikeville College (now University of Pikeville), I was exposed to a popular cultural gathering called “Hillbilly Days.” Occurring in the home county to the McCoys of the Hatfield-McCoy feud, let me just say . . . they know how to party. There’s a parade, food, singing, … Continue reading The Workers’ Comp Hillbillies
Author: tncourtofwcclaims
Taking Judicial Notice
By Judge Audrey Headrick, Chattanooga “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” --John Adams Have you ever asked anyone how they knew a particular fact, and they responded, “Oh, come on. Everybody knows that.” Well, … Continue reading Taking Judicial Notice
2023 Statutory Changes Take Effect Soon
By Judge Pamela B. Johnson The 2023 session of the 113th Tennessee General Assembly adjourned on April 21. During this year’s session, three workers’ compensation bills successfully passed. Below is a summary of the notable changes, but please take the time to click on the links and read the full-text for yourself. Public Chapter No. … Continue reading 2023 Statutory Changes Take Effect Soon
Board Offers Framework for Notice Cases
By Jane Salem, staff attorney, Nashville Earlier this week, the Appeals Board issued an important opinion explaining how parties, practitioners and judges should approach the notice defense in the future. It is essential reading. The 18-page opinion, Ernstes v. Printpack, also traced the history of the notice requirement in the workers’ compensation law, as well … Continue reading Board Offers Framework for Notice Cases
See You In Murfreesboro
By Judge Robert Durham, Cookeville This year, I celebrate my thirtieth anniversary as a lawyer. Thirty years. I’ve spent a long time in worker’s comp. I started right after the ’92 reform, which introduced the multipliers. Two and a half times vs. six times. IMEs vs. ATPs. Races to the courthouse. Ah, good times. Then … Continue reading See You In Murfreesboro
The Bureau will be Closed on Juneteeth
By Judge Audrey Headrick, Chattanooga Perhaps you were recently contacted by Bureau staff regarding resetting a hearing or mediation scheduled for June 19. That is because on May 5, 2023, Governor Bill Lee signed a bipartisan bill making Juneteenth an official state holiday. So all state offices will be closed. Juneteenth, also known as Freedom … Continue reading The Bureau will be Closed on Juneteeth
Policy Update from the Appeals Board
By Elizabeth Vines, staff attorney, Cookeville, Tennessee Workers’ Compensation Appeals Board It is not uncommon for the Appeals Board to be faced with an appeal in which a self-represented litigant’s primary language is not English. This can create difficulties for the litigant to communicate his or her position to the Appeals Board and for the … Continue reading Policy Update from the Appeals Board
Virtual Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold oral arguments by videoconference in two cases on June 26. An “alleged insurer” is asking the Board to decide if a trial court has jurisdiction to decide a coverage dispute in Glenn v. Jameson Industries, LLC. Then, in Bragg v. Premium Services, LLC, the issue is whether … Continue reading Virtual Oral Arguments Announced
Oral Arguments Announced
The Tennessee Workers’ Compensation Appeals Board will hold in-person oral arguments in two cases on June 8. First, the Board will consider the definition of “reasonable and necessary” medical bills, and if the trial court erred by excluding bills at a compensation hearing, in Lentz v. Coca-Cola Consolidated. (Read this order, too.) Second, in Semich … Continue reading Oral Arguments Announced
The Law of the Subsequent Injury Fund
By Judge Allen Phillips, Jackson "If an employee has previously sustained a permanent disability . . . he shall be entitled to compensation from his employer or the employer's insurance carrier only for the disability that would have resulted from the latter injury . . . provided, however, that in addition to such compensation for … Continue reading The Law of the Subsequent Injury Fund
Appeals Board Sets Arguments During Conference
The Workers’ Compensation Appeals Board will hear arguments during the Bureau’s upcoming educational conference. The case, Martinez v. ACG Roofing, Inc., involves an insurance coverage dispute and multiple alleged employers. The trial judge denied a motion for summary judgment brought by one of the carriers, Assigned Technology Risk, finding questions of material fact. Assigned Technology … Continue reading Appeals Board Sets Arguments During Conference
Direct and Natural Consequences Rule Remains Intact
By Jane Salem, staff attorney, Nashville Last week, the Appeals Board issued its second opinion in two years in which it upheld the direct and natural consequences rule in workers’ compensation cases. Presiding Judge Timothy Conner wrote a concurring opinion, however, remarking that guidance from the Tennessee high court would be useful. Facts Natacha Hudgins … Continue reading Direct and Natural Consequences Rule Remains Intact
Multiple Employers, But ONE Petition
By Penny Shrum, Court Clerk, Nashville I have a large family. Two of my sisters are fraternal twins. Once people are told they are twins, they can’t tell them apart. They are two separate entities tied together by one birth. It gets complicated. When an employee files a petition for benefit determination with several potential … Continue reading Multiple Employers, But ONE Petition
Love Pets…Pet Peeves Not So Much
By Judge Lisa A. Lowe, Knoxville Most Americans have and love pets these days. Our pets have become beloved members of our families. I’m no exception. My dog, George, is an eight-year-old English crème retriever (think golden retriever that’s white instead). We’ve always said that he was our therapy dog, and now he’s extended his … Continue reading Love Pets…Pet Peeves Not So Much
Synergy: When Magic Happens
By Judge Audrey Headrick, Chattanooga “Synergy” means “an advantageous pooling together of resources or efforts,” according to Merriam-Webster. Synergy fits perfectly with Administrative Professionals’ Day, which is on April 26. “Administrative professional” is an umbrella term that encompasses many jobs. In fact, our country has recognized and celebrated Administrative Professionals’ Day since 1942. Through the … Continue reading Synergy: When Magic Happens
It’s Rulemaking Time Again
By Chief Judge Kenneth M. Switzer, Nashville “This above all-- to thine own self be true, and it must follow, as night follows day, thou canst not then be false to any man.” --Hamlet, Act 1 Scene 3, spoken by Polonius. As “night follows day,” rule-making time comes upon us again. For the past nine … Continue reading It’s Rulemaking Time Again
Coal Miner’s Grandson
By Judge Robert Durham, Cookeville I was recently thinking about how critical workers’ compensation benefits are for some families, particularly those whose primary breadwinner has died in a work accident. And then I realized something that I’d never thought about, even though I’ve dealt in worker’s compensation for thirty years now: my own family was … Continue reading Coal Miner’s Grandson
“I’m Parking in Memphis”?
Most of you may be used to "walking" in Memphis. And that's great! Because we have a little bit of bad news that might lead to a little more walking (and less parking) in Memphis. We were notified yesterday afternoon by the property managers of One Commerce Square that only those with monthly parking passes … Continue reading “I’m Parking in Memphis”?
40 Hour Week (For a Livin’)
By Judge Brian Addington, Gray Did the tune just pop in your head? It’s the title of a 1985 song from the band Alabama that reached number one on the country charts. The song pays homage to all the workers behind the scenes who get things done in America. One part of the song talks … Continue reading 40 Hour Week (For a Livin’)
Mark Your Calendars
By Judge Brian Addington, Gray You're cordially invited to an open house commemorating the fifth anniversary of the Gray office of the Bureau of Workers Compensation. The celebration will take place on March 1, 2023, from 10:30 to noon Eastern time. Light refreshments will be served. Click here to get a little background information. Just … Continue reading Mark Your Calendars
From the Bench 