Like most courts, the vast majority of cases in the Court of Workers' Compensation Claims settle. We, of course, view this favorably, as research generally suggests settling is better than going to trial.Nonetheless, we have noticed a small hiccup in our settlement approval process, and we respectfully ask for your help to cure it.Here's what happens: … Continue reading Help us Alleviate a Hiccup

There will be no settlement approvals statewide on Friday, July 22, because the judges will be at an education conference that day. Some of the judges will be en route on Thursday, July 21, so if you plan to seek an approval that morning, you might wish to check with your local office to see if … Continue reading No Settlement Approvals on July 22

  Last week, we summarized the rules for discovery in the early phases of a workers’ compensation claim through the mediation phase. This week, we’ll look at discovery once the mediator certifies a case to the Court of Workers’ Compensation Claims. As previously stated, the information below is meant to offer procedural guidance only. Our … Continue reading A Primer on Discovery, Part Two

  By Jane Salem, Staff Attorney   Under the prior Workers’ Compensation Law, discovery at the administrative level was fairly relaxed. Then came significant change with the Reform Act of 2013, which created the administrative court system and mandated application of the Rules of Civil Procedure and Evidence. Since July 1, 2014, when the amended … Continue reading A Primer on Discovery, Part One

Our Appeals Board continues to build a battery of caselaw interpreting the Reform Act. In Sirkin v. Trans Carriers, Inc., et al.,  the Board pointed out that compensability and causation are not interchangeable concepts. Payne v. D and D Electric, et al. examined summary judgment in the workers' compensation context. The Board discussed bifurcation of compensability … Continue reading More Guidance from the Appeals Board

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.