Since our court's inception, we have strongly encouraged the filing of briefs in advance of evidentiary hearings, as well as motion hearings that present dispositive or novel issues. Below are a few pointers on brief-writing.  1. It's a brief, not a position paper. Under the old law, attorneys wrote letters or emails to specialists explaining … Continue reading A Few Thoughts on Briefs

On May 5, 2016, two new Petition For Benefit Determination (PBD) forms should appear on our website. As we approach the end of the second year of the workers’ compensation reform, we have completed a thorough evaluation of the PBD form. Based on feedback from participants in the system, we have made substantial changes. The … Continue reading Revised PBD Form Goes Live Tomorrow

Let's do the "etc." first with a pair of announcements:1) Please be advised that there will be no settlement approvals in the Nashville office on Friday, April 29, 2016.2) We have updated the subpoena form on the website to contain HIPAA-compliant language when requesting medical information.With regard to activity from the Appeals Board, it has been roughly five … Continue reading April Appeals Board decisions, etc.

Last week, we substantially upgraded the courtrooms in Jackson and Memphis. The new benches generally look like this.We're very excited about and grateful for each and every improvement.In other news, yesterday the Court Clerk emailed the first survey referenced in a March 22, 2016 blog post. This short survey asks recent consumers of our Court … Continue reading More Renovations Underway

I recently saw that euphemism for dusty remodeling at a store.This week, we're proud to unveil the new look in Cookeville's courtroom. And there's no dust whatsoever.

Last week, the Appeals Board looked at the Coming and Going rule for the first time in Dugger v. Home Health Care of Middle Tennessee, LLC, et al.Also, in observance of Good Friday, state offices are closed on March 25, 2016. 

The Tennessee Bureau of Workers’ Compensation proudly announces the induction of the Chief Judge of its Court of Workers’ Compensation Claims, Kenneth M. Switzer, as a Fellow of the College of Workers' Compensation Lawyers. Chief Judge Switzer’s induction took place on Saturday, March 12, 2016, in New Orleans. The College of Workers’ Compensation Lawyers honors attorneys who … Continue reading Congratulations to Chief Judge Switzer

In an effort to help practitioners and parties stay current, going forward we will periodically announce when Appeals Board opinions are released. On a related note, last week, the Tennessee Bar Association began publicizing the release of Reform Act appellate opinions as well in TBAToday. You must be a member to access TBAToday.Hamilton v. Kenco … Continue reading Appeals Board Opinions, March 7-11, 2016

The Tennessee Bureau of Workers' Compensation will be conducting an education conference targeted to medical providers and attorneys on June 11-12, 2016, in at the Embassy Suites in Knoxville. Proper techniques for using and applying the AMA Guides, 6th Edition will be discussed on Saturday the 11th, and updates on medical aspects of Tennessee Workers’ … Continue reading Mark your Calendars

We're excited to be featured in this month's Tennessee Bar Journal. These articles recap many of the themes we've touched upon previously in this blog, and in our various continuing legal education and other public-speaking forays. We hope you find it helpful.

Looking back, it has been a productive and exciting year for the Court of Workers' Compensation Claims. By last count on November 30, 2015, the Court conducted 197 Expedited Hearings where a judge issued an order and approved over 3,000 settlements. We also grew by four new judges in 2015, to help accommodate our burgeoning docket … Continue reading Happy Holidays!

State offices are closed on December 24, 25 and 31, 2015, and January 1, 2016. There will be no settlement approvals, statewide, on Friday, January 8, 2016, due to a judicial conference. Settlements will be approved in the Nashville office only on Thursday morning, January 7, 2017. 

WHO:  Workers’ compensation practitioners and Chief Judge Kenneth M. Switzer, Tennessee Court of Workers’ Compensation ClaimsDATE:  Friday, December 11, 2015TIME:  1:30 – 2:30 p.m.LOCATION:  TOSHA Room, Court of Workers’ Compensation Claims Courtroom – 220 French Landing Dr., Nashville     Chief Judge Switzer will be submitting revisions for the Workers’ Compensation Rules and Regulations to the Attorney General’s … Continue reading Wanted: Your Input

There will be no settlement approvals on Wednesday, November 11, 2015, in honor of Veterans' Day.

The vast majority of cases resolve via settlement rather than adjudication, and the Court of Workers’ Compensation Claims is no different. From November 2014, when new-law settlements were first presented to the Court, through September 2015, the judges approved approximately 2,204 settlements, roughly 183 per judge. Some of our offices (Knoxville, Memphis and Nashville) are … Continue reading How to Settle Your Case

Approximately 15 months ago, before this Court even opened its doors, we drafted Practices and Procedures for the Court of Workers' Compensation Claims. We drew upon our collective experience as civil litigators and/or practitioners under the pre-2013 reforms to Tennessee's Workers' Compensation Law. We thought deeply about how the execution of the new law would play … Continue reading Revised Rules Reflect our First-Year Experience

The first year for Tennessee's new workers' compensation courts has been as exciting as a trip down the Ocoee. This summer saw the release of several weighty opinions from the Tennessee Workers' Compensation Appeals Board, a few of which are highlighted below. This post will conclude our three-part look back at the Board's first year. Remember, … Continue reading A Busy Year for the Appeals Board, Part Three

Welcome back! Last week, we started a look backward at the opinions from the Tennessee Workers' Compensation Appeals Board from its first year. We began with the court's very first opinion from October 2014, and chronologically covered roughly the first five months. In this post, we'll discuss opinions from spring 2015.As you'll see below, the … Continue reading A Busy First Year for the Appeals Board, Part Two

By Jane Salem, Assistant to Chief Judge Kenneth M. SwitzerHappy birthday to us!A little over one year ago, the Tennessee Court of Workers' Compensation Claims and the Appeals Board were borne. Our Courts were created in the historic 2013 reform legislation, which brought Tennessee in line with 48 other jurisdictions in their approach to workers' … Continue reading A Busy First Year for the Appeals Board, Part One