By Judge Joshua Davis Baker, Nashville You might recall that last year, the pandemic hit about the time the legislature was taking up the issue of the “sunset” status of the attorney’s fee provision in Tennessee Code Annotated section 50-6-226(d)(1)(B). This applies in cases when an employer “wrongfully denies a claim or wrongfully fails to … Continue reading Lawmakers Reinstate Attorney Fee Provision (And Don’t Forget the Affidavit)
Category: Hon. Josh Baker
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
Take care of Yourselves and Others
By Judge Joshua Davis Baker, Nashville Today marks an important milestone in the fight against the Covid-19 pandemic in the United States, as vaccinations are now available to some. This is encouraging news; yet, we still have a long way to go before the world returns to “normal.” We’re all familiar with the physical health … Continue reading Take care of Yourselves and Others
The Dig on Gig
By Judge Joshua Davis Baker, Nashville The word “gig” has been thrown around pretty often in the workers’ compensation universe over the last several years. So what exactly is it? When I hear the word, I think of the following exchange at any coffee shop or neighborhood bar: Q: Hey, your band got any gigs … Continue reading The Dig on Gig
New Law Addresses Marketplace Contractors and Platforms
By Judge Joshua Davis Baker, Nashville The General Assembly recently passed SB1967/HB1978 concerning “marketplace platforms,” which the law defines as a business offering “an online-enabled application, software, website or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services.” A marketplace platform provides a forum for third parties to … Continue reading New Law Addresses Marketplace Contractors and Platforms
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
Discovery Dos and … please don’t do that!
By Judge Joshua Davis Baker, Nashville As all legal practitioners know, discovery is as common as a cold. As we also know, it can be laborious, time-consuming, frustrating and, at times, downright non-productive. However, like the mail, neither rain, nor sleet, nor snow can prevent it from happening. In the Court’s three-year history, the … Continue reading Discovery Dos and … please don’t do that!
When the File Grows…
By Judges Brian Addington and Josh BakerA large part of a judge’s duty is to read the pleadings, exhibits, and depositions submitted by the parties. At times though, the paperwork can be extremely voluminous. Justice Antonin Scalia once famously asked Deputy Solicitor General Edwin Kneedler, “You really want us to go through these 2,700 pages?” … Continue reading When the File Grows…
Lawmakers revise the Workers’ Compensation Law
By Judge Joshua D. BakerBefore participating in any court proceeding, litigants must ensure that they have the most recent information concerning the prevailing law. The General Assembly created the Court of Workers' Compensation Claims in 2013 through broad reform legislation that significantly altered Tennessee’s workers’ compensation laws and procedures. As with any broad reform legislation, problems … Continue reading Lawmakers revise the Workers’ Compensation Law
From the Bench 