By Jane Salem, staff attorney, Nashville Last week, the Appeals Board released an opinion affirming a trial court’s decision to order an employer to authorize a visit to the designated doctor under an open medical benefits provision of a compensation order. The self-represented employee prevailed—but the opinion offers valuable guidance for what an employer can … Continue reading Board Affirms Open Medicals Ruling
Abbie Hudgens stepping down; Troy Haley will lead Friday, July 01, 2022 | 04:33pm NASHVILLE, Tenn. – Today, Tennessee Governor Bill Lee announced he will appoint Troy Haley to serve as Administrator of the Tennessee Bureau of Workers’ Compensation within the Tennessee Department of Labor and Workforce Development, effective September 1. Lee also named key appointments to the Workers’ … Continue reading Gov. Lee Announces Key Tennessee Bureau of Workers’ Compensation Appointments
By Judge Robert Durham, Cookeville Like everyone else, I have my limits. There are some things I just can’t do, even if I want to. For example, I can’t dunk a basketball, and it doesn’t matter how much I practice, I will never be able to go in for that monster slam. Another thing I … Continue reading We All Have Our Limits
By Judge Allen Phillips, Jackson The right to self-representation has been part of American jurisprudence since the beginnings of our nation. Indeed, the Judiciary Act of 1789 provided that “in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.” A few … Continue reading Self-Represented Litigants: A Look at the Rules
Governor Bill Lee has appointed Meredith B. Weaver as a judge on the Workers’ Compensation Appeals Board for the Tennessee Bureau of Workers’ Compensation (BWC). Weaver has practiced law for 18 years, primarily in the areas of workers’ compensation and employment law. She is an attorney with the firm Peterson White in Knoxville. Weaver was voted … Continue reading Knoxville Attorney Appointed Workers’ Compensation Judge
By Judge Pamela Johnson, Knoxville “Excellence is the gradual result of always striving to do better.” – Pat Riley “On occasion we need to make a second effort – and a third effort, and a fourth effort, and as many degrees of effort as may be required to accomplish what we strive to achieve.” – … Continue reading Court Creates New Settlement Templates for Death Benefits
By Jane Salem, staff attorney, Nashville Employers/carriers: as a general rule, when an employee reports a work injury, you must offer a panel of three physicians within three business days. This requirement isn’t new; yet it still isn’t followed universally. An Appeals Board opinion released last week shows that when a panel isn’t given, the … Continue reading Appeals Board Stresses Panel Requirement
By Jeannie Henderson, Martha-Lynn Lee, Kourtney Sanders, and Jay Hicks As REO Speedwagon sang back in the late 1970s, sometimes you’ve got to roll with the changes. We within Mediation and Ombudsman Services of Tennessee think those are wise words. You might have already noticed changes with the Dispute Resolution Statements that have been issued … Continue reading MOST Announces Three Procedural Changes
By Chief Judge Kenneth M. Switzer, Nashville As Top Gun: Maverick has shown, sometimes a sequel can be a huge hit and even more successful than the original. We’re hoping for the same with this article. After publishing yesterday’s blog about an adjustment in the Memphis settlement process, we learned that some misunderstanding occurred in … Continue reading Memphis Settlements: The Sequel
By Chief Judge Kenneth M. Switzer, Nashville Memphis, Nashville, and Murfreesboro conduct the most settlement approvals in Tennessee. Memphis has presented difficulties for some time now with providing enough settlement times to accommodate the large volume. The location and accessibility of the Memphis office unfortunately complicate the matter. We’ve long heard stories of difficulty finding … Continue reading Memphis Settlements: New Process and a Satellite Location
By Jane Salem, staff attorney, Nashville It’s May. I get sentimental this time of year at graduations. Some people cry at weddings, but I prefer graduations. I’m just very inspired by young people walking across a stage and celebrating hard work and success. Especially now, when schooling became a whole lot more complicated by a … Continue reading Musings on Mentoring
Abbie Hudgens, Administrator of the Tennessee Bureau of Workers’ Compensation, has announced that she recently reappointed Judge Joshua Davis Baker to the Court of Workers’ Compensation Claims. Judge Baker sits in Nashville. This will be his second full term. “Judge Baker has played a pivotal role in the Court of Workers’ Compensation Claims since his … Continue reading Judge Baker is Reappointed
By Janaye Godfrey, Court Intern, Nashville Belmont University College of Law ‘24 The Appeals Board released an opinion last week determining the scope of a trial court’s discretion when applying Rule 36 of the Tennessee Rules of Civil Procedure, which governs requests for admissions. In Holt v. Quality Floor Coverings, LLC, the employee alleged an … Continue reading Board Determines the Court’s Discretion with Requests for Admissions
By Jane Salem, staff attorney, Nashville The Appeals Board released an opinion yesterday, reiterating the fairly well-settled parameters of medical noncompliance in the Workers’ Compensation Law. The decision also held that trial judges have an obligation to scrutinize letters seeking expert opinions for their accuracy regarding the facts and law. In Marie Bailey v. Amazon, … Continue reading Board Considers Noncompliance, Letters to Experts
By Judge Allen Phillips, Jackson Some may recall that I admire the wisdom of Abraham Lincoln. I cited some of that wisdom in an earlier post regarding attorney’s fees. Beyond fees, Lincoln’s visionary insights into other matters ring as true today as they did nine score and six years ago (That was 1836, the year … Continue reading Discovering the Better Angels of our Nature: A Brief Look at Discovery Motions
By Judge Lisa A. Lowe, Knoxville We use certain words to mean certain things. Sometimes we use a word or phrase out of habit, without really thinking of the meaning or implication. For example, those involved in Tennessee workers’ compensation cases are familiar with what we have called “doubtful and disputed” settlements. “Doubtful” means uncertainty … Continue reading Templates Revised for Disputed Cases: No Doubt
By Abbie Hudgens, Administrator, Bureau of Workers’ Compensation Eight years ago, I had the honor to select eight judges to the Court of Workers’ Compensation Claims after a rigorous application and interview process. The judges were given staggered terms, so that in the future, we would not have eight jurists potentially up for reappointment at … Continue reading Seeking Your Input for Judicial Reappointment
By Judge Dale Tipps, Murfreesboro A professor in the School of Management at Middle Tennessee State University recently asked me to speak to a couple of her Human Resources classes about workers’ compensation. I put together a presentation on the development of work comp, how it works in Tennessee, and how human resources departments can … Continue reading How About Something Happier?
In observance of Good Friday, Bureau offices will be closed.
By Chief Judge Kenneth M. Switzer, Nashville [Note: Yesterday we posted an article about interpretation in the Court. It was in German. How frustrated did that make you feel if you don’t read German? Some of you sent emails or made comments asking for help. Some of you thought we’d hit the wrong button. We didn’t. But did it make you … Continue reading Court Adopts Interpreter Protocol
From the Bench 