By Judge Dale Tipps, Murfreesboro Some good news for the new year – this isn’t a post about CMS or MSA approvals! Instead, let’s talk about other aspects of settlement procedures. As you know all too well, the process varies from office to office. This is due to differences in staffing and facilities, the traditional … Continue reading Basic Settlement Rules, SD-2s, and Other Animals
Category: Hon. Dale Tipps
A Word About Settlement Filing Fees
By Judge Dale Tipps, Murfreesboro We’re nice people. Really, we are. (Except for that one person, and they know who they are.) So whenever possible, the Court tries to be accommodating to the folks who need our services. This is why, in the past, we occasionally allowed defense counsel to pay a filing fee after … Continue reading A Word About Settlement Filing Fees
Update: Settling Cases with MSAs
By Judge Dale Tipps, Murfreesboro Readers of the Court’s blog are no doubt familiar with our ever-popular classic, Settling Cases with Medicare Set-Aside Agreements, where we made it clear that the Court won’t review or approve MSAs entered into by parties seeking to close future medical benefits. That hasn’t changed – we’re still not going … Continue reading Update: Settling Cases with MSAs
How About Something Happier?
By Judge Dale Tipps, Murfreesboro A professor in the School of Management at Middle Tennessee State University recently asked me to speak to a couple of her Human Resources classes about workers’ compensation. I put together a presentation on the development of work comp, how it works in Tennessee, and how human resources departments can … Continue reading How About Something Happier?
Bureau Adopts new Teleheath Rules and Choice of Physicians Form
By Judge Dale Tipps, Murfreesboro Telehealth has officially arrived, with the adoption of new “Telehealth for Workers’ Compensation” rules. The rules may be found here. “Telehealth” means “the distribution of health-related services and information via electronic information and telecommunication technologies.” Telehealth, a/k/a telemedicine, has been around for a while, but its acceptance and use increased … Continue reading Bureau Adopts new Teleheath Rules and Choice of Physicians Form
Consider these Settlement Tips from the Coworkers
By Judge Pamela Johnson, Knoxville; Judge Dale Tipps, Murfreesboro; and Judge Josh Baker, Nashville Can you teach old dogs new tricks? We believe you can and must when it comes to settling your case in the Court of Workers’ Compensation Claims. Sadly, Mimi Tipps has crossed the Rainbow Bridge. A landmark change took place approximately … Continue reading Consider these Settlement Tips from the Coworkers
Keeping the Court Happy and Content
By Judge Dale Tipps, Murfreesboro Someone recently forwarded me a list of pet peeves compiled by a judge in another state. The list contains seventy-eight items, and many of them pulled no punches. In the interest of promoting a kinder, gentler blog, I decided to rework the list into ten suggestions for keeping your trial … Continue reading Keeping the Court Happy and Content
A Summer-y Blog Post on Summary Judgment
By Judge Dale Tipps, Murfreesboro This article will tackle a very “august” topic: tips for your next summary judgment motion. Summary judgment traces its roots back to England as a means of hastening litigation and potentially the disposition of cases, principally debtor-creditor actions. Its first codification occurred in 1855 when Parliament passed the Keating Act. … Continue reading A Summer-y Blog Post on Summary Judgment
Some Friendly Reminders
By Judge Dale Tipps, Murfreesboro I usually get nervous when I receive an email titled “friendly reminder,” because it’s often a euphemism for “final warning.” This post isn’t intended as a warning, final or otherwise. However, I’ve noticed some settlement approval concerns over the past few months. Below are some ways to avoid future “friendly … Continue reading Some Friendly Reminders
Uninsured Employers Fund(amentals)
By Judge Dale Tipps, Murfreesboro Attorneys, did you know the Workers’ Compensation Statute contains a Part 8? If you represent injured workers, Part 8 might occasionally cross your path. It established the Uninsured Employers Fund (UEF), which provides for the enforcement of insurance coverage requirements. The part that might intersect with your practice is Tennessee … Continue reading Uninsured Employers Fund(amentals)
The Radium Girls: A ‘compelling read’
By Judge Dale Tipps, Murfreesboro My reading list is pretty eclectic – recent authors include Thornton Wilder, Kazuo Ishituro, Chinua Achebe, and Jane Austen. Although I find workers’ compensation law interesting (which I suppose should be reassuring to those of you who appear in my court), I don’t go looking for work comp topics when … Continue reading The Radium Girls: A ‘compelling read’
Good writing matters
By Judge Dale Tipps, Murfreesboro Judges in the Court of Workers’ Compensation Claims spend a lot of time writing, thinking about writing, and learning about writing. We receive writing instruction at least a couple of times per year and regularly submit samples of our orders to outside writing experts for individual evaluation. The obvious idea … Continue reading Good writing matters
Submitted for your Approval
By Judge Dale Tipps, Murfreesboro During the sixties (that’s the 1960s--yes, I was alive then), Rod Serling hosted the T.V show “The Twlight Zone.” The show revolved around strange plots with an ironic twist and a life-lesson conclusion. After telling us at the beginning that the main character had just entered the Twilight Zone, Rod … Continue reading Submitted for your Approval
Maury County Day Becomes a Regular Occurrence
By Judge Dale Tipps, Murfreesboro It’s a long way from Iron City to Murfreesboro. While I was a music major, that's not a country and western song. It's simply an accurate observation about travel within the large geographic region where I sit as a workers' compensation judge. We wanted to give claimants an opportunity to … Continue reading Maury County Day Becomes a Regular Occurrence
Talking Turkey
By Judge Dale Tipps, Murfreesboro Although my local grocery store was playing Christmas music the day after Halloween, we shouldn’t forget about Thanksgiving. More to the point, we should all be careful to adequately prepare for the hazards of Thanksgiving. I’m not talking about the usual issues of overeating or the general stress of being … Continue reading Talking Turkey
Of Bears and Men
By Judge Dale Tipps, Murfreesboro Becoming a workers’ compensation judge included a few unexpected benefits. For instance, due to avoidance of ex parte communications, my phone rarely rings while I’m trying to draft that next order. Another pleasant surprise is how much I enjoy meeting folks during their settlement approval hearings. Most people don’t have … Continue reading Of Bears and Men
Ten Tips for Better Trial Practice
By Judge Dale Tipps, Murfreesboro I recently gave a presentation on practice tips at the Bureau’s annual Educational Conference. It was such a triumph that I’m going share some of it here. (“Triumph” means I finished on time and no one fell asleep.) Ask the Question. Specifically, ask the doctor. Many expedited hearings could be … Continue reading Ten Tips for Better Trial Practice
Best Practices for Closing Future Medicals
By Judges Pamela B. Johnson, Lisa Lowe Knott and Dale Tipps Attorneys love certainty. They like to tell their clients what will happen, rather than what they think will happen or what should happen. Ambiguity drives them crazy. This perhaps explains why closed medical benefit settlements are the source of much weeping and gnashing of … Continue reading Best Practices for Closing Future Medicals
Pain Management Presents Complex Issues for UR
By Judges Brian Addington and Dale TippsIn recent years, sadly, Tennessee has struggled with issues concerning prescription pain medications. Tennessee was in the top ten states for the number of prescribed pain medications in 2012. In addition, a 2010 report for the Centers for Disease Control and Prevention found that Tennessee ranked eighth nationally nationally for drug-overdose deaths. Opioid addiction … Continue reading Pain Management Presents Complex Issues for UR
From the Bench 