Blog administrator's note: This post was originally published on July 18, 2017. We thought it was worth another go, given the frequent questions from practitioners about the topic. So please, consider refreshing your knowledge. It might just prevent a trip to the courtroom where your settlement is not immediately approved. By Judges Joshua Davis Baker, … Continue reading Settling Cases with Medicare Set-Aside Agreements
Category: Hon. Audrey Headrick
Tennessee Kids’ Chance Helps Families
By Judge Audrey A. Headrick, Chattanooga “Education is an ornament in prosperity and a refuge in adversity.” --Aristotle At the Tennessee Bureau of Workers’ Compensation, our mission is to protect employees and employers from the negative consequences associated with a work-related accident. We fulfill this mission in many ways, just one of which is our … Continue reading Tennessee Kids’ Chance Helps Families
It’s Your Duty: Candor Toward the Court
By Judge Audrey Headrick, Chattannooga Is withholding information from a judge ever appropriate, or is it misleading? Merriam-Webster defines “candor” as “unreserved, honest, or sincere expression: forthrightness.” For lawyers, Rule 3.3 of the Tennessee Rules of Professional Conduct requires candor toward the court. Subsections (a)-(d) are the most relevant to the Court of Workers’ Compensation Claims: … Continue reading It’s Your Duty: Candor Toward the Court
A Medical Records Refresher
By Judge Audrey Headrick, Chattanooga Do you recall the 1993 movie Groundhog Day starring Bill Murray and Andi McDowell? It’s memorable because Bill Murray’s character humorously relives the same day over and over. Like Groundhog Day, the Court of Workers’ Compensation Claims also experiences a reoccurring situation. We routinely see file “dumps” of medical records. … Continue reading A Medical Records Refresher
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
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
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
Finding the Silver Linings
By Judge Audrey Headrick, Chattanooga Cambridge Dictionary defines “silver lining” as “an advantage that comes from a difficult or unpleasant situation.” Since March 2020, it’s not always been easy to see any positives that resulted from the pandemic. The pandemic is still with us, and the end doesn’t seem to be in sight. When reading … Continue reading Finding the Silver Linings
Understanding Memorial Day
By Judge Audrey Headrick, Chattanooga As a military wife, I have often thought about the misunderstandings that many people have regarding Memorial Day and Veterans Day. Memorial Day, previously known as Decoration Day, occurs on the last Monday of May, and Veterans Day is on November 11. Surprisingly, many people don’t understand the significant difference … Continue reading Understanding Memorial Day
Announcing a New, Temporary Location for Chattanooga Trials
By Judge Audrey Headrick, Chattanooga With COVID-19 and the advent of social distancing, we’ve been looking for a better location for Chattanooga regional trials. If you’ve ever visited the Court of Workers’ Compensation Claims Chattanooga courtroom, you know it’s a bit “cozy.” Unfortunately, it’s too cozy for us to conduct trials during the pandemic and … Continue reading Announcing a New, Temporary Location for Chattanooga Trials
The Balancing Act
By Judge Audrey Headrick, Chattanooga I don’t know about you, but I struggle daily with balancing work and family life. When I feel like I’m being an awesome mom, I feel guilty that I’m not working hard enough at my job, and vice versa. On those rare occasions when I feel like I am doing … Continue reading The Balancing Act
Who Let the Dogs Out?
By Judge Audrey Headrick, Chattanooga After reading Judge Brian Addington’s post about “The Lovable, Stubborn Mule,” I felt compelled to write about man’s best friend—dogs. I have to admit that I wasn’t always enamored with dogs. When I was a small child, I was bitten in an unprovoked attack by a bulldog. I thought I … Continue reading Who Let the Dogs Out?
How will I know what to do with medical records?
By Judge Audrey Headrick, Chattanooga The Court of Workers’ Compensation Claims recently welcomed attorneys with Open Arms for coffee and conversation about the Court’s rules, processes, etc. We were pleased with attendance and the Straight Up feedback you gave us. Among the concerns you voiced was how to handle medical records. Let’s go Back in … Continue reading How will I know what to do with medical records?
Stick with the old reliables
By Judge Audrey Headrick, Chattanooga Do you love Wikipedia? Perhaps you’re a loyal reader of The Onion? Maybe you even cite to Wikipedia in briefs as a source for medical diagnoses/procedures or utilize it as a dictionary to define terms? If so, I have three cautionary words for you: Don’t. Do. It! Yes, I know … Continue reading Stick with the old reliables
Settling Cases with Medicare Set-Aside Agreements
By Judges Joshua Davis Baker, Nashville, and Audrey Headrick, Chattanooga The federal government established a means for parties to settle medical benefits in what is termed a Medicare Set-Aside Arrangement or "MSA." These arrangements are submitted to and approved by Medicare (if you have the patience to wait long enough) and cover what is anticipated … Continue reading Settling Cases with Medicare Set-Aside Agreements
You gotta eat!
By Judge Audrey Headrick, Chattanooga As a working mom, I’m always thinking about time-saving ways that I can plan ahead for a meal. On a recent drive to work, I thought about my homemade lasagna that everyone in my family loves. Lasagna isn’t hard to make, and I’ve made my recipe so many times that … Continue reading You gotta eat!
Be Aware of Reform Act Penalty Provisions
By Judge Audrey Headrick, Chattanooga Did you know that workers’ compensation judges have statutory authority to issue penalties in two situations? The first situation where workers’ compensation judges may issue penalties is pursuant to Tennessee Code Annotated section 50-6-118(d) (2015). It states as follows: If an employee receives a settlement, judgment or decree under this … Continue reading Be Aware of Reform Act Penalty Provisions
From the Bench 