Every few months or so, we take a fresh look at our Practices and Procedures with an eye toward if they’re working well in the application. We also consider if anything new should be added in light of recent experience. Thus, we have revised the Practices and Procedures as follows. Rule 1.03, Subsection J Promptness for … Continue reading Practices and Procedures Updated
Category: Blog Administrator
Help Wanted in Memphis
It's a bad news/good news scenario. The bad news: Judge Jim Umsted, Memphis, will be retiring shortly. The good news: He will continue to assist on a part-time basis to review/approve settlements in Memphis. The Bureau of Workers' Compensation and the Court of Workers' Compensation Claims in particular are grateful to Judge Umsted for his … Continue reading Help Wanted in Memphis
This and that
It is customary as the holidays approach that many persons wish to settle their cases before the year's end. Please be advised that the Bureau of Workers' Compensation will be closed on Dec. 26 and 27, 2016, as well as Jan. 2 and 3, 2017. Also, during open settlements, wait times might be a little … Continue reading This and that
Appeals Board: ‘Mud run’ injury isn’t work-related
Yesterday, the Tennessee Workers’ Compensation Appeals Board reversed a trial judge’s determination that an employee’s injury, sustained during participation in a charity “mud run” alongside co-workers, was compensable. The Board held the employee wasn’t “impliedly required” to race, nor was it part of his work duties. In Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of … Continue reading Appeals Board: ‘Mud run’ injury isn’t work-related
Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
At the most recent oral arguments before the Tennessee Workers’ Compensation Appeals Board, matters typically handled on the tail end of the litigation moved front and center. The Board considered the finality of judgments, among other issues, in a pair of cases on Nov. 3 in Nashville. In Garassino v. Western Express, the Board examined the … Continue reading Appeals Board: IME Exam Fee not a Recoverable Discretionary Cost
No Settlement Approvals on November 11
State offices are closed in honor of Veterans' Day.
Mark your Calendars
“Knowledge speaks, but wisdom listens.” This will be our mantra when conducting a series of listening sessions across the state over the coming month. The Court of Workers’ Compensation Claims and Mediation and Ombudsman Services of Tennessee want to hear from you. We are traveling to locations nearby or at all eight offices of the … Continue reading Mark your Calendars
Appeals Board Schedules Oral Arguments
The Tennessee Workers' Compensation Appeals Board recently announced it will convene oral arguments in two cases next month. On Thursday, Nov. 3, at 10:00 a.m., the Appeals Board will hear arguments in Pope v. Nebco of Cleveland, Inc., d/b/a Toyota of Cleveland. Mr. Pope suffered injuries when participating in a charitable “mud run” sponsored by Nebco. At … Continue reading Appeals Board Schedules Oral Arguments
We’ve Moved!
Welcome to the Court blog's new home on WordPress. We've taken on a new look, which we hope you find aesthetically preferable to our old digs on Blogger. Our blog is new and improved. More importantly, we've added new features: If you'd like to receive emails whenever we post new information, you may sign up to follow … Continue reading We’ve Moved!
Appeals Board Issues Opinion Disfavoring Bifurcation
The Tennessee Workers’ Compensation Appeals Board sent a rather forceful message regarding the bifurcation of compensation hearings yesterday in Cotton v. HUMACare, Inc., et al. In a word, don’t. The case involved Karen Cotton’s entitlement to survivor benefits after her husband fell to his death from atop a cell tower on the job for Central … Continue reading Appeals Board Issues Opinion Disfavoring Bifurcation
Appeals Board Affirms in Lightfoot
The Tennessee Workers' Compensation Appeals Board affirmed the order of the Hon. Audrey Headrick, Chattanooga, on Monday in Lightfoot v. Xerox Business Services. In a 2-1 opinion, Presiding Judge Marshall Davidson found Judge Headrick did not abuse her discretion in dismissing the case with prejudice for failure to prosecute. The case sat on Judge Headrick's docket … Continue reading Appeals Board Affirms in Lightfoot
Court Releases Video to Assist Self-Represented Litigants
http://www.youtube.com/watch?v=P3cLqY638IM We're pleased to add a new video, available on the Court's website and above, to the tools the Court and the Bureau have developed to help self-represented persons better understand hearing procedure. As a reminder, other resources include the access to an ombudsman at 800-332-2667, as well as the Guidebook for self-represented employees.
Oral Arguments Redux
The Bureau's Communications Coordinator, Anna K. Houser, captured a few of photographic highlights from last week's oral arguments at Belmont University College of Law in Nashville. Excellent work, Ms. Houser. Judge Timothy Conner of the Tennessee Workers' Compensation Appeals Board asks a question, while Judges Marshall Davidson (presiding) and David Hensley listened intently to the … Continue reading Oral Arguments Redux
Appeals Board Conducts its First Oral Arguments
By Jane Salem, Staff Attorney, Court of Workers' Compensation Claims The Tennessee Workers Compensation Appeals Board must decide whether to breathe new life into two cases dismissed with prejudice. The Board held its first set of oral arguments on Aug. 31 at Belmont University College of Law in Nashville, before a courtroom packed with lawyers, Bureau … Continue reading Appeals Board Conducts its First Oral Arguments
History in the Making
Mark your calendars for an upcoming historical event!The Workers' Compensation Appeals Board announced last month that it will conduct its very first pair of oral arguments on August 31, 2016, in the courtroom at Belmont University College of Law in Nashville, commencing at 9:30 a.m. Central. The Board will hear Lightfoot v. Xerox Business Services. Per … Continue reading History in the Making
Help us Alleviate a Hiccup
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
No Settlement Approvals on July 22
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
A Primer on Discovery, Part Two
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
A Primer on Discovery, Part One
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
More Guidance from the Appeals Board
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
From the Bench 