By Chief Judge Kenneth M. Switzer, Nashville Today is the first day of winter, and just a few days remain in the year. Much has been said about 2020, and understandably the theme overall has ranged from disappointment to sorrow. It’s been a year for reflection and reevaluating priorities. As a Court, we strived … Continue reading Looking Back on 2020
Category: Hon. Kenneth M. Switzer
Guidance as in-person hearings resume
By Chief Judge Kenneth Switzer, Nashville “When you have exhausted all possibilities, remember this: You haven’t.” --Thomas Edison Right now, we’re all … Continue reading Guidance as in-person hearings resume
The Court of Workers’ Compensation Claims and Settlement Approvals–Optimistic but Cautious
By Chief Judge Kenneth M. Switzer, Nashville We are now completing our fifth week of all telephonic settlement approvals. As a previous post stated, the hearings are going very well. The Governor has now relaxed the stay-at-home directive. Attempts are being made to restart businesses and return to “normal” while keeping some common-sense restrictions in … Continue reading The Court of Workers’ Compensation Claims and Settlement Approvals–Optimistic but Cautious
Updates from the Trial Court and Appeals Board
By Chief Judge Kenneth M. Switzer, Nashville “Workers’ compensation is a very important field of the law, if not the most important. It touches more lives than any other field of the law. It involves the payments of huge sums of money. The welfare of human beings, the success of businesses, and the pocketbooks of … Continue reading Updates from the Trial Court and Appeals Board
Staying the Course
By Chief Judge Kenneth M. Switzer, Nashville We’re working remotely but still doing our best to provide top-notch customer service in line with the mission statement of the Court of Workers’ Compensation Claims. Just yesterday, Governor Lee announced that state employees who are currently working from home should continue doing so through April 24. So … Continue reading Staying the Course
Weathering the storm
By Chief Judge Kenneth M. Switzer, Nashville As you all know, we recently experienced business interruption at the Nashville office due to the tornado. Comparatively speaking, this was just a minor inconvenience. Many people lost everything, and 25 persons lost their lives. When we look at things in those terms, we realize that missing a … Continue reading Weathering the storm
Settlement approvals on pause in Nashville
By Chief Judge Kenneth M. Switzer We realize many of you are anxious to get your settlements approved. Unfortunately, we cannot predict when power will be restored to our building. So, here is my suggestion: cancel your plans to seek approvals (in Davidson County only) for the rest of this week. That way you will … Continue reading Settlement approvals on pause in Nashville
Coming soon to a courtroom near you
By Chief Judge Kenneth M. Switzer, Nashville Since the creation of the Court of Workers’ Compensation Claims in 2014, we have held all our settlement approvals and trials in our eight locations around the state. For more information about these locations and their individual procedures, click here. We soon realized that some of these locations are long … Continue reading Coming soon to a courtroom near you
Bureau Revises Petition for Benefit Determination
By Chief Judge Kenneth M. Switzer, Nashville In the recent Tennessee Workers’ Compensation Appeals Board decision Vickers v. Amazon.com, the Board observed that it is "unclear" why the email address to file a petition for benefit determination is that of the ombudsman program rather than the clerk of court, the customary recipient of a pleading. In … Continue reading Bureau Revises Petition for Benefit Determination
Hitting the 1,000-Order Benchmark
By Chief Judge Kenneth M. Switzer, Nashville On April 18, Judge Dale Tipps issued an expedited hearing order in Howard v. NHC Healthcare/Pulaski LLC. That order became the 1,000th expedited or compensation hearing order released by the Court of Workers’ Compensation Claims. A thousand orders ago, we formed a vision of what the Court would look … Continue reading Hitting the 1,000-Order Benchmark
Rules Reorganization is Under Way
By Chief Judge Kenneth M. Switzer, Nashville When the Court began operating in July 2014, we already had a set of “rules” called the Mediation and Hearing Procedures. These rules were prepared before any judges were appointed and any “new law” injuries occurred. They were based on the statute and anticipated how the process would … Continue reading Rules Reorganization is Under Way
Solving the DCN Dilemma
By Chief Judge Kenneth Switzer, Nashville Our recent “Coffee with the Court” series raised several questions about the dispute certification notice, a/k/a the “DCN,” and its contents. As we all know, the DCN identifies the issues that will be before the Court. The DCN content is based on the parties’ discussions in mediation and should … Continue reading Solving the DCN Dilemma
Lessons Learned from “Coffee with the Court”
By Chief Judge Kenneth M. Switzer, Nashville During April, I toured the state’s three largest cities and attended “Coffee with the Court” conducted by the local Court of Workers’ Compensation Claims’ offices. The purpose of these coffee-talks was to listen to lawyers and other stakeholders discuss issues they face daily. I took copious notes. The … Continue reading Lessons Learned from “Coffee with the Court”
Naming the SIF as a Party in your Case
By Chief Judge Kenneth M. Switzer, Nashville In case you missed it ̶ and most did ̶ the Legislature renamed the Second Injury Fund last session. Now known as the “Subsequent Injury and Vocational Rehabilitation Fund,” its responsibilities remain much the same for those practicing in this area. The “vocational rehabilitation” part is a topic … Continue reading Naming the SIF as a Party in your Case
Your Gift to the Court
By Chief Judge Kenneth M. Switzer, Nashville We are on your "nice" list, right? We suggest that you consider these gift-like actions of counsel in these recent, distinct cases: The parties submitted a joint motion along with a draft order for the Court’s signature. They took it one step further, including a Word version of … Continue reading Your Gift to the Court
Guide Us in the Right Direction
By Chief Judge Kenneth M. Switzer, Nashville In June 2016 at the Bureau’s annual Educational Conference, we discussed the rule changes that were making their way through the administrative jungle toward final approval. That process takes about one year from the time of proposal until being finalized and approved. That set of rules took effect … Continue reading Guide Us in the Right Direction
Court Tweaks Procedure for Setting Post-discovery ADR
By Chief Judge Kenneth M. Switzer, Nashville Great news: There’s one less document to file when preparing for trial in the Court of Workers’ Compensation Claims. As of Oct. 1, you no longer need to file an amended Petition for Benefit Determination (PBD) to get the ball rolling on post-discovery mediation. For a little background, … Continue reading Court Tweaks Procedure for Setting Post-discovery ADR
Details, Details
By Chief Judge Kenneth M. Switzer, Nashville In the musical “1776,” after a long, arduous battle over the concept of the Declaration of Independence and the details of its wording, the document is finally ready for a vote. At this point John Adams, who has pushed for the Declaration the whole time, raises an objection to … Continue reading Details, Details
A Tale of Three Cases
By Chief Judge Kenneth M. Switzer, Nashville The Court uses scheduling orders to establish the pace in all cases headed for a hearing. We understand that litigation can be “the worst of times” when circumstances beyond your control stymie the preparation of your case. It is considerate when you let us know when things go … Continue reading A Tale of Three Cases
How are we Doing?
By Chief Judge Kenneth M. Switzer Spring is upon us once again, and it is time for the annual survey regarding the judges of the Court of Workers’ Compensation Claims. We appreciated your input in last year’s survey and humbly ask for your follow up. Each of the 12 judges will be individually listed for … Continue reading How are we Doing?
From the Bench 