Skiing on Thin Ice

By Judge Robert V. Durham, Cookeville As we crawl toward spring (I don’t care what the calendar says; February is never the shortest month) and leave the possibility of snow behind, I am reminded of the part of the Workers’ Compensation Act that has always intrigued me the most: the exemption for voluntary “ski patrolpersons” … Continue reading Skiing on Thin Ice

The Uninsured Employers Fund: Making a Silk Purse from a Sow’s Ear

By Judge Robert V. Durham, Cookeville Back in the old days -- you know, before 2014 -- injured employees of uninsured employers were, in the vast majority of cases, simply out of luck. While they might be able to obtain a judgment against their employers, it did little good, since the reason most uninsured employers … Continue reading The Uninsured Employers Fund: Making a Silk Purse from a Sow’s Ear

Ignoring the Elephant

By Judge Robert V. Durham, Cookeville It is the fundamental rule of courtroom practice, pounded into the heads and hearts of litigators from the first day of law school, so basic that even those who received their legal education from Law and Order reruns know it is taboo -- when examining a witness in court, … Continue reading Ignoring the Elephant

New Mediation and Hearing Procedures Take Effect TODAY

By Judge Robert V. Durham, Cookeville Anything new is rarely perfect on the first try. Just ask Thomas Edison, who had to experiment with thousands of different materials and shapes before discovering the best filament to create a commercially viable light bulb. While none of us in the Court of Workers’ Compensation pretends to be … Continue reading New Mediation and Hearing Procedures Take Effect TODAY