By Jane Salem, staff attorney, Nashville The Appeals Board recently affirmed two trial court decisions to limit what’s discoverable regarding family and financial information in a workers’ compensation lawsuit. The opinions restate longstanding principles: judges have discretion in making calls about discovery, and it’s a fact-intensive inquiry. So it’s hard to give absolutes. But the … Continue reading Board Issues Instructive Discovery Opinions
Tag: practice pointers
Court’s Continuing Legal Education Series Returns this Fall
Last year, we offered four one-hour continuing legal education programs at no cost. The feedback was extremely positive, so we’re doing it again this year. The programs are: October 15, Is your Intelligence Artificial? Presenters: Deputy Chief Judge David Langham, Compensation Claims, Pensacola, Florida/Chief Judge Kenneth M. Switzer October 22, Objection, Your Honor! Presenters: Judge … Continue reading Court’s Continuing Legal Education Series Returns this Fall
Settling Cases with Medicare Set-Aside Agreements
Blog administrator's note: This post was originally published on July 18, 2017. We thought it was worth another go, given the frequent questions from practitioners about the topic. So please, consider refreshing your knowledge. It might just prevent a trip to the courtroom where your settlement is not immediately approved. By Judges Joshua Davis Baker, … Continue reading Settling Cases with Medicare Set-Aside Agreements
Things that Do and Don’t Help Attorneys
By Judge Thomas Wyatt, Chattanooga Judge Thomas Wyatt It seems impossible that the Court of Workers’ Compensation Claims just hit its eleventh anniversary. I’ve had the privilege of witnessing its development from the very beginning. These past 11 years have given me the opportunity to observe practices of the attorneys in our Court. I write … Continue reading Things that Do and Don’t Help Attorneys
It’s Your Duty: Candor Toward the Court
By Judge Audrey Headrick, Chattannooga Is withholding information from a judge ever appropriate, or is it misleading? Merriam-Webster defines “candor” as “unreserved, honest, or sincere expression: forthrightness.” For lawyers, Rule 3.3 of the Tennessee Rules of Professional Conduct requires candor toward the court. Subsections (a)-(d) are the most relevant to the Court of Workers’ Compensation Claims: … Continue reading It’s Your Duty: Candor Toward the Court
When an agreement isn’t a dispute
By Sarah Byrne, staff attorney, Nashville Recently, in Torres v. Allvan Corp., the Appeals Board affirmed a trial court’s decision not to approve a disputed settlement in an accepted claim, since the parties didn’t present sufficient information to convince the judge of a dispute as to “the amount of compensation due” or that the settlement … Continue reading When an agreement isn’t a dispute
How to Close Future Medical Benefits
By Judge Dale Tipps, Murfreesboro [Blog administrator’s note: We published this previously but removed it when we realized the newest templates weren’t posted on the Court’s website. The templates have now been added.] If you can remember all the way back to June, you may recall attending an interesting session titled, “TODAY in Tennessee – … Continue reading How to Close Future Medical Benefits
Board Issues Another Instructive Summary Judgment Opinion
By Jane Salem, staff attorney, Nashville Just in time for our upcoming continuing legal education session about summary judgment, the Appeals Board has released an opinion again emphasizing the importance of following the rules—specifically, Rule 56.03 about the statement of undisputed material facts. The opinion, Craig Cable v. Conagra Foods Packaged Foods Company, Inc., also … Continue reading Board Issues Another Instructive Summary Judgment Opinion
Don’t forget to register for Wednesday’s Free CLE
Just a reminder that you must pre-register for each of the four weekly upcoming continuing legal education seminars that are starting this Wednesday. This week's program: Update on Court Procedures and Best Practices. October 23, 2024, 11:30 a.m. Central Time/12:30 Eastern Time | Register for Webinar 1 Judges Joshua Davis Baker, Pamela Beason Johnson, and Amber … Continue reading Don’t forget to register for Wednesday’s Free CLE
Registration is Open for Free CLE Series for Attorneys
The Tennessee Bureau of Workers’ Compensation is offering up to four hours of continuing legal education credits this fall. This is in response to the lower than anticipated number of credits awarded for our annual educational conference this year. The judges of the Court of Workers’ Compensation Claims have created and will host four individual, … Continue reading Registration is Open for Free CLE Series for Attorneys
Confessions of a Probate Non-Expert
By Judge Dale Tipps, Murfreesboro One of the things I enjoyed about workers’ compensation when I was in private practice was that it was always familiar. True, there were often unique facts or novel legal issues, but they were safely ensconced in a knowable statutory framework. I usually enjoyed other areas of practice, too. You … Continue reading Confessions of a Probate Non-Expert
Citing Correctly is Fun–Not!
By Jane Salem, staff attorney, Nashville I don’t make my bed first thing every morning. The Christmas tree doesn’t come down on December 26 but usually sometime mid-January when it’s a fire hazard. If I close a door, it’s once, not five times. I’d rather read a book than dust the shelves that store them. … Continue reading Citing Correctly is Fun–Not!
Smoothing those Bumps in the Road (and Beyond)
By Chief Judge Kenneth M. Switzer, Nashville Chief Judge Switzer In March, I authored an article entitled “Important Change Coming Soon.” The gist of the article was to report that beginning on March 25, all mediations would end in the issuance of a dispute certification notice. The reason had to do with the TNComp computer … Continue reading Smoothing those Bumps in the Road (and Beyond)
Time-Saving Tips (Inspired by a Jazz Icon)
By Jane Salem, staff attorney, Nashville “Time isn’t the main thing, it’s the only thing.” – Miles Davis I wonder what caused Miles Dewey Davis, III to utter those wise words. After all, he was a trumpeter, composer, and bandleader, not a lawyer who bills for his time. You’d think a creative type like him … Continue reading Time-Saving Tips (Inspired by a Jazz Icon)
A Primer on Enforcing/Defending Against Open Medicals
By Judge Shaterra R. Marion, Memphis The Court of Workers’ Compensation Claims will celebrate ten years this July. This isn’t an original thought, but time really does fly. When the Court was first created, we weren’t thinking much about post-judgment matters, for obvious reasons—we hadn’t adjudicated that many cases and were just getting started approving … Continue reading A Primer on Enforcing/Defending Against Open Medicals
A Brief Word for Attorneys
By Judge Dale Tipps, Murfreesboro I often assure attorneys at the outset of a hearing that I’ve read their briefs and prehearing statements. What I don’t say is how much I appreciate the fact that they filed them. But I do appreciate it, and I feel the lack when a party doesn’t file one. A … Continue reading A Brief Word for Attorneys
On This Day In History…
By Judge Brian Addington, Gray As a child and even until today, I love to read historical reminders. I used to read them in newspapers or magazines growing up, but now they abound in articles on the Web and on social media. As I write today, September 20, on this day in history… In 1946, … Continue reading On This Day In History…
Motion Practice: Avoid the Pitfalls
By Taylor Skees, staff attorney, Memphis Has your motion been denied on procedural grounds? Would you like to avoid that in the future? Then this blog is for you! This article will outline common procedural pitfalls with motions in the Court of Workers’ Compensation Claims, looking mostly at the rules, but also statutes and case … Continue reading Motion Practice: Avoid the Pitfalls
Taking Judicial Notice
By Judge Audrey Headrick, Chattanooga “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” --John Adams Have you ever asked anyone how they knew a particular fact, and they responded, “Oh, come on. Everybody knows that.” Well, … Continue reading Taking Judicial Notice
Multiple Employers, But ONE Petition
By Penny Shrum, Court Clerk, Nashville I have a large family. Two of my sisters are fraternal twins. Once people are told they are twins, they can’t tell them apart. They are two separate entities tied together by one birth. It gets complicated. When an employee files a petition for benefit determination with several potential … Continue reading Multiple Employers, But ONE Petition
From the Bench 