On Monday, the Appeals Board released its opinion in Sharee Clay v. Signature Healthcare. The Board heard argument in the case on Oct. 1. It affirmed Judge Joshua Davis Baker's compensation hearing order. The case asked the Board to consider the trial court's decision to exclude Signature Healthcare's expert testimony as hearsay, finding that counsel … Continue reading Appeals Board issues opinion on competing experts
Today the Appeals Board affirmed a trial court decision denying a motion in limine that sought to exclude an expert's deposition testimony because the physician had no training in use of the AMA Guides and stated at one point that she could not recall how she arrived at her rating. In Ailshie v. TN Farm … Continue reading Appeals Board affirms opinion on admissibility of ‘self-taught’ expert’s testimony, clarifies discovery rights
The Tennessee Bureau of Workers’ Compensation has appointed its inaugural position for the new Next Step Program. Marion Southall White was hired as the first Vocational Recovery Specialist for the Next Step Program. Marion comes from a career development background with the Institute for Career Development for the United Steelworkers. She brings years of manufacturing … Continue reading Next Step Program Specialist Announced
Today the Tennessee Workers' Compensation Appeals Board reversed a trial court order allowing an employee to have his own physician "present" by electronic means at an independent medical examination. Read the opinion here.
On October 1, the Workers' Compensation Appeals Board will return to the Tennessee Supreme Court in Nashville to hear arguments in the following cases: Tennyson Order Compelling Deposition; Ailshie v. TN Farm Bureau Federation; Clay v. Signature Healthcare; and, Caldwell Order Compelling IME. Arguments begin at 9:00 a.m. Click here for more information.
The Tennessee Workers' Compensation Appeals Board is pleased to announce the hiring of two new staff members. Olivia Yearwood will be the Board’s new clerk of court. Yearwood previously worked in the Bureau of Workers’ Compensation as a Compliance Specialist, and before that she was a Special Agent for the Tennessee Alcoholic Beverage Commission. Yearwood … Continue reading New faces at the Appeals Board
On June 12, the Tennessee Bureau of Workers' Compensation hosted a formal event to commemorate the law's 100 years and to honor an individual who has had a significant impact on the law. Theresa Montgomery, the chief state photographer in Nashville, captured the highlights below. To see all of her wonderful photos of this event, … Continue reading Honoring 100 Years of Workers’ Compensation in Tennessee
Tomorrow kicks off the Bureau of Workers’ Compensation’s 22nd Annual Educational Conference at the Embassy Suites in Murfreesboro. This year’s event will commemorate the 100th anniversary of the Tennessee Workers’ Compensation Law. For our part, the Court of Workers’ Compensation Claims will once again offer two sessions on legal ethics. First, back by popular demand, … Continue reading See You In Murfreesboro
There will be no settlement approvals statewide on the following dates: June 12-14: The Bureau's Educational Conference; July 4: Independence Day; July 18-19: Judicial Meeting; and, September 2: Labor Day. The Nashville office only will conduct settlement approvals on June 12. Be safe, and enjoy the warm weather.
As promised, here's an update about commemorations of the centennial of the Workers' Compensation Law. The Knoxville office of the Bureau of Workers’ Compensation is celebrating the 100-year anniversary on April 15 and 18 from 10:00 a.m. through 12:00 p.m. The Cookeville office will celebrate on April 10 from 1:30 to 2:30 p.m. The Kingsport/Gray … Continue reading Mark your Calendars
Tennessee Code Annotated section 50-6-207(3)(F) does not allow additional permanent partial disability benefits to undocumented workers. An injured worker challenged the law in the Court of Workers' Compensation Claims, but the trial court determined it had no authority to determine the facial constitutionality of a statute. Yesterday the Tennessee Supreme Court Special Workers' Compensation Appeals … Continue reading Panel upholds constitutionality of law foreclosing undocumented workers’ eligibility for increased PPD
Yesterday, the Tennessee Supreme Court affirmed an award of permanent partial disability benefits in Batey v. Deliver This, Inc. The high court reviewed an opinion from the Tennessee Workers' Compensation Appeals Board holding that the trial court erred when it held that the employee's "pre-injury occupation" on the Physician Certification Form to mean the employee’s … Continue reading Supreme Court adopts Appeals Board decision on permanent partial disability benefits
The Clerk of the Tennessee Court of Workers’ Compensation Claims, Penny Shrum, is holding training on TNComp at three locations in December. There may be a surprise guest. The goal is to train lawyers, paralegals and legal assistants on how to upload documents to TNComp. We will also discuss filings with the Court. Please mark … Continue reading You’re Invited!
The public hearing on the proposed revisions to the Mediation and Hearing Procedures for the Court of Workers’ Compensation Claims is Tuesday, October 30, at 10:00 a.m. Central Time at the Bureau of Workers' Compensation in the Tennessee Room, 220 French Landing Drive in Nashville. This is your opportunity to voice your opinion. Members of … Continue reading See you next week
By Jeff Francis, Assistant Administrator, Nashville The Bureau recently revised its General Rules. The revised rules took effect on May 31 and were designed to make claims handling more efficient and uniform. In summary, the revisions include: Carriers are now required to provide employers a copy of the Notice of Employer Rights and Responsibilities whenever a … Continue reading New General Rules Take Effect
Congratulations to court staff in the Chattanooga office on an excellent article in the Hamilton County Herald.
In June 2014, a group of fresh-faced workers’ compensation judges in Tennessee – none of whom had actually heard a case yet – developed a set of rules for the newly minted Court of Workers’ Compensation Claims. They relied on their lengthy collective experience as trial attorneys and specialist 4s to come up with a … Continue reading Changing the Rules
How well do you know the Rules of Professional Conduct? Test your knowledge during the Ethics Bowl breakout session at the upcoming Bureau Educational Conference on Friday, June 8, at 8 a.m. at the Embassy Suites in Murfreesboro. Yes, 8 a.m.! – a great time to sharpen your ethics skills before a relaxing weekend. Bring … Continue reading Dude, Let’s Go (Ethics) Bowling
Find out at the upcoming Bureau Educational Conference in Murfreesboro. Staff Attorneys Jane Salem, Court of Workers' Compensation Claims, and Elizabeth Vines, Appeals Board -- huge "outlaw country" fans -- will host "Outlaws and Angels: Tips for Success in Your Workers' Compensation Case." They'll offer their views from beside the bench... when the recording is … Continue reading Are you an Outlaw or an Angel?
To all self-represented parties/lawyers who have tried a case within the last year: Last week, you should’ve received a survey asking you to provide feedback based on your experience with the Tennessee Court of Workers’ Compensation Claims. If you’ve already completed the survey, thanks for taking the time to provide us with your valuable feedback, … Continue reading Please Give us your Feedback