Gov. Bill Lee’s Office announced yesterday that they are accepting applications to fill the judgeship currently held by the Honorable David Hensley, who will retire at the end of March. Applicants must be licensed Tennessee attorneys in good standing, age 30 or older, and have seven or more years of experience in workers’ compensation law. … Continue reading Governor’s Office Seeks Applicants for Appeals Board Judgeship
Judge David F. Hensley has announced his retirement from the Tennessee Workers’ Compensation Appeals Board as of March 31, 2022. After his graduation from the University of Tennessee College of Law in 1979, Judge Hensley began his career in Chattanooga clerking for Judge Herschel P. Franks of the Tennessee Court of Appeals. He then spent … Continue reading Judge Hensley Announces Retirement
By Chief Judge Kenneth M. Switzer, Nashville The Workers’ Compensation Law grants the administrator rule-making authority. That authority extends to the rules governing the Court of Workers’ Compensation Claims and Alternative Dispute Resolution. As we’ve promised, we review those rules constantly and make amendments to them about every two years. The last amendments were effective … Continue reading Amended rules take effect NOW
By Jane Salem, staff attorney, Nashville Welcome back to the last of a three-part series on 2021’s appellate decisions. As the title implies, this article covers the remainder of the Board opinions from last year on many different issues. You are reading the cases in their entirety, right? Thanks. Summary judgment This is a fine … Continue reading Year in Review: Appeals Board, part 2
By Jane Salem, staff attorney, Nashville Welcome back to a review of 2021’s appellate opinions. In this article, we’ll recap the Appeals Board opinions involving course and scope, medical causation and reasonable necessity, including utilization review, and an opinion about the Medical Impairment Rating Registry. But first… please read the opinions! Because I’ll mention just … Continue reading Year in Review: Appeals Board, part one
By Jane Salem, staff attorney, Nashville As in previous years, I like to kick off January with a look back at last year’s appellate opinions. This post will summarize 2021 opinions from the Tennessee Supreme Court Special Workers’ Compensation Panel. In later posts, we’ll revisit the Appeals Board’s work from last year. Don’t forget to … Continue reading Year in Review: Supreme Court Panel Opinions
The Appeals Board granted a motion to continue the oral arguments in Braden v. Mohawk Industries. Those arguments will now be held on February 7. Also, here’s the docket for the January 25 arguments, if you want to observe. They will begin at 8:30 a.m. Central Time. In addition, no settlement approvals will take place … Continue reading Update about oral arguments; and settlements next week
We’re still proceeding with all scheduled telephone settlement approvals, today and tomorrow, despite the weather and closure of state offices.
By Chief Judge Kenneth M. Switzer, Nashville Reportedly, I’m of Greek heritage. I don’t speak Greek, and I don’t know the Greek alphabet. But if it has the same number of letters as the English alphabet, we’ve at least reached the fifteenth letter. (Does that mean when we get to Zeta, the pandemic must be … Continue reading COVID, the Greek Alphabet, and Settlements
By Judge Lisa Lowe, Knoxville If you’re in need of a New Year’s resolution, here’s a great one to work on: managing your time in 2022. Of course we see many lawyers who are already very proficient in this realm. These are the ones who call on day 59 after a dispute certification notice has … Continue reading Deadlines matter
The Appeals Board will hear oral argument by videoconference in four cases on January 25, 2022. Two of the cases involve compensation orders awarding permanent total disability, while the others are a summary judgment and an expedited hearing order. In Braden v. Tomahawk Industries, Inc., the trial court found an injury compensable applying the direct … Continue reading Board Sets Oral Arguments in January
We’ll be closed December 23, 24, 31, 2021, and January 3, 2022. But TNComp never takes a break; you may still file documents at any time. Happy holidays.
By Chief Judge Kenneth M. Switzer, Nashville We’ve tried this once before. “If at first you don’t succeed, try, try again” is a well-known phrase. I thought, where did that phrase originate? It’s amazing how a search of this phrase is attributed to different people: Robert the Bruce, king of Scotland in 1314 (picture Mel … Continue reading Second Verse, Same as the First
By Jane Salem, staff attorney, Nashville It’s hard not to like Oprah Winfrey. She’s the fourth most admired woman in America and of course, a Tennessean. For decades now, she has annually created a list called “Oprah’s favorite things” recommending holiday gifts. She stole the name from The Sound of Music. So I think it’s … Continue reading A Staff Attorney’s Favorite Things
In 2020 and last May, the Chief Judge of the Court of Workers’ Compensation Claims issued orders regarding health and safety procedures for in-person hearings. Those orders are now rescinded, given the passage of Title 14, COVID-19, of the Tennessee Code. Please read the latest order.
By Chief Judge Kenneth M. Switzer, Nashville The Bureau’s annual educational conference took place two weeks ago and always produces several hidden gems. One that I found most intriguing was the session on interpretation. Interpreters have become an important part of the Court of Workers’ Compensation Claims over the last seven years. During that time, … Continue reading In Re: Accurate, Quality Court Interpretation
By Jane Salem, staff attorney, Nashville On Monday, the Appeals Board affirmed a trial court opinion finding an employee credible and awarding benefits, despite inconsistencies in his accounts of how he became injured. The Board similarly rejected the contention that the employee gave an unreliable version of the work incident to a treating physician, so … Continue reading Board offers Guidance on Credibility
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
Next week, the Bureau of Workers’ Compensation will host the 2021 Educational Conference in Murfreesboro. You may attend in-person November 1-3 or on demand starting November 15 through December 3. This year’s theme is “Be the Change.” It’s not too late to register. Next Tuesday will see the premiere of the Court of Workers’ Compensation … Continue reading We’ll see some of you next week
From the Bench 