By Jane Salem, staff attorney, Nashville Welcome back to our final installment in the three-part series on last year’s workers’ compensation appellate opinions. Notice I noticed this was an issue in a handful of opinions (See what I did there? I know; my comic genius is being wasted as a staff attorney. But it’s hard … Continue reading Appeals Board, 2022: Part Two
By Jane Salem, staff attorney, Nashville The Tennessee Workers’ Compensation Appeals Board had another busy year in 2022. This article will recap cases (which you really need to read!) on all things medical: causation, reasonably necessary treatment, noncompliance, etc. We’ll also look at a couple cases about other categories of benefits. Medical causation As practitioners … Continue reading Appeals Board Opinions, 2022: Part One
By Jane Salem, staff attorney, Nashville Happy New Year! Every January, we post a series of articles summarizing the appellate opinions from the previous year. This year is no exception. Here’s the roadmap for this article. We’ll start with a few words about the year generally, followed by the “rule” for these articles. Then we’ll … Continue reading Looking Back at 2022: Supreme Court Panel Opinions
The Bureau will be closed on Monday in observance of Martin Luther King Jr. Day. (Although TNComp is available 24/7/365.) Also, settlement approvals will proceed in Nashville on January 25, but nowhere else statewide. And no settlement approvals will take place on January 26 or 27 statewide due to a judicial conference. “Hate cannot drive … Continue reading Reminders
By Sarah McMahan, Administrative Assistant, Nashville On March 10, 1876, Alexander Graham Bell made the first successful telephone transmission of clear speech, famously saying, “Mr. Watson, come here, I want to see you.” Bell probably never imagined how his invention would evolve over the years, or that for most of us, it would become almost … Continue reading A Primer on Affidavit Approvals in Nashville
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
By Judge Brian Addington, Gray I came to work for the Workers’ Compensation Division is Kingsport in 2008. I was hired as a workers’ compensation specialist 4, mediating cases before they could go to court. As time passed, the workers’ compensation specialist 4 job expanded from handling my own cases and mediations, to signing off … Continue reading How Things Have Changed
By Penny Shrum, Court Clerk, Nashville Do you set the same resolution every year? I haven’t chosen one in a few years. While looking for ideas, I came across one that said “go somewhere you’ve never been.” Have you been to Clarksville for a settlement? This is the year to commit to going. It’s the … Continue reading Resolve to Visit Clarksville for an Approval
Settlement approvals will be held by phone this week only. Due to inclement weather, the City of Memphis has experienced several water main breaks. The breaks have left the Memphis office of the Bureau of Workers’ Compensation uninhabitable until the low water pressure can be fixed. Staff will be working remotely. Therefore, for this week … Continue reading ALERT: WATER MAIN BREAK CAUSES MEMPHIS OFFICE CLOSURE
The very first arguments for the Tennessee Workers’ Compensation Appeals Board took place at Belmont University College of Law in Nashville in 2016. The Board will return there on January 27, 2023, for another set of arguments. First up will be Acevedo v. Crown Paving. Surviving dependents filed a claim after the worker incurred over … Continue reading Oral Arguments Returning to Belmont Law
By Kim Weaver, Paralegal, Knoxville I love to imagine what life was like in the 1800s. I imagine if you lived on the east coast, it was so much simpler to communicate with your family or neighbor. But what if you moved to the old west? It was so remote and rural, that your neighbors, … Continue reading Communication: Have We Gone Back in Time?
By Judge Shaterra Marion, Memphis It’s hard to believe I’ve been on the bench for over a month already. I’ve already done about 150 settlement approvals using our current process, but things are a-changing. Specifically, the Memphis Court settlement approval process is changing, effective January 3, 2023. Settlement approvals will take place on Tuesdays, Wednesdays, … Continue reading Changes Afoot for Memphis Settlements
Later this week, the Appeals Board will return to in-person oral arguments after a two-year hiatus. During the pandemic, the Board used teleconferencing for arguments. The upcoming arguments will take place on Friday, December 2, at the Supreme Court Building in Nashville. First up will be a pair of cases presenting similar issues, Arlene Ernstes … Continue reading In-Person Oral Arguments Return
By Penny Shrum, Clerk of Court, Nashville “A thankful heart is not only the greatest virtue, but the parent of all the other virtues.” —Marcus Tullius Cicero As Thanksgiving approaches, giving thanks is on my mind. My extended family will be gathering at my sister’s new house in Nolensville. I hope you’ll be able to … Continue reading A Thankful Heart
By Judge Pamela Johnson, Knoxville 10, 33, 41, 47, 56, and 10. These are the winning numbers for the record-breaking $2.04 billion Powerball jackpot, with one winning ticket sold at Joe’s Service Center in Altadena, located in Los Angeles County, California. While winning lottery numbers are thrilling, having the correct numbers is important in other … Continue reading Do You Have the Winning Numbers?
In addition, here’s a list of other upcoming state holidays.
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
Yesterday afternoon, Chief Judge Kenneth M. Switzer administered the judicial oath to Judge Shaterra Reed Marion, who will sit in the Memphis office of the Tennessee Court of Workers’ Compensation Claims. Her husband, Gerard Marion, held the Bible. Judge Marion’s father, Terrence Reed, helped her don the robe for the very first time. Judge Marion … Continue reading It’s Official! Judge Shaterra Marion is Sworn in
By Judge Brian Addington, Gray History buffs like me will remember the words of H.M. Stanley: “Dr. Livingstone, I presume.” And, anyone who watches movies or television can likely complete this sentence: A criminal defendant is “presumed ______ until _______.” Or if someone disappears, how many years until they’re presumed dead? We have many presumptions … Continue reading Presumptions in Tennessee Workers’ Compensation
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
From the Bench 