By Judge Dale Tipps, Murfreesboro I usually get nervous when I receive an email titled “friendly reminder,” because it’s often a euphemism for “final warning.” This post isn’t intended as a warning, final or otherwise. However, I’ve noticed some settlement approval concerns over the past few months. Below are some ways to avoid future “friendly … Continue reading Some Friendly Reminders
Today the Appeals Board affirmed a trial court decision denying a motion in limine that sought to exclude an expert's deposition testimony because the physician had no training in use of the AMA Guides and stated at one point that she could not recall how she arrived at her rating. In Ailshie v. TN Farm … Continue reading Appeals Board affirms opinion on admissibility of ‘self-taught’ expert’s testimony, clarifies discovery rights
By Jane Salem, Staff Attorney, Nashville A pair of injured employees wants to have their physician “present” at an independent medical examination via videoconference or live-streaming. In one case, the judge allowed ordered that videoconferencing be arranged; in another case, a different judge declined to order it. Who got it right? The Tennessee Workers Compensation … Continue reading Appeals Board Considers Electronic “Presence” at Independent Medical Examinations
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
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
By Judge Lisa A. Lowe, Knoxville Practicing law is a bit like juggling bowling pins. It takes a lot of finesse and concentration to do it well. Then, throw into the mix the demands of (and joys!) of family and once in a great while making a little time for your own well-being … well, … Continue reading Preparing for Scheduling Hearings
By Judge Joshua Davis Baker, Nashville As all legal practitioners know, discovery is as common as a cold. As we also know, it can be laborious, time-consuming, frustrating and, at times, downright non-productive. However, like the mail, neither rain, nor sleet, nor snow can prevent it from happening. In the Court’s three-year history, the … Continue reading Discovery Dos and … please don’t do that!