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
Tag: Rules
Board Rules on Rebuttal Evidence, Panels
By Taylor Skees, staff attorney, Memphis Bureau rules require the disclosure of evidence before trial except for “rebuttal” evidence. But what exactly is “rebuttal” evidence? And can an employee waive a panel? The Appeals Board answered these questions recently in Allen v. MJ Resurrection. Facts Allen fell at work. He then signed a waiver declining … Continue reading Board Rules on Rebuttal Evidence, Panels
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)
A Medical Records Refresher
By Judge Audrey Headrick, Chattanooga Do you recall the 1993 movie Groundhog Day starring Bill Murray and Andi McDowell? It’s memorable because Bill Murray’s character humorously relives the same day over and over. Like Groundhog Day, the Court of Workers’ Compensation Claims also experiences a reoccurring situation. We routinely see file “dumps” of medical records. … Continue reading A Medical Records Refresher
Important Change Coming Soon
By Chief Judge Kenneth M. Switzer, Nashville Chief Judge Switzer Beginning March 25, 2024, all mediations in cases pending before the Court of Workers’ Compensation Claims will conclude with the issuance of a dispute certification notice. To explain the reason for the change, it all has to do with TNComp, the Court of Workers’ Compensation … Continue reading Important Change Coming Soon
Court Rules Revisions Take Effect TOMORROW
By Judge Pamela Johnson, Knoxville Judge Pamela Johnson A recent post alerted practitioners to changes in the Appeals Board’s rules. Not to be outdone, the Court of Workers’ Compensation Claims has also revised our rules. The Court updates the rules to bring better clarity and efficiency to the system. The new rules will go into … Continue reading Court Rules Revisions Take Effect TOMORROW
Appeals Board Rules: Revisions!
By Elizabeth K. Vines, Workers’ Compensation Appeals Board staff attorney, Cookeville When speaking on behalf of the Appeals Board to any audience, I always stress the importance of reading our rules. They’re our “how-to” manual and can help practitioners and self-represented litigants alike avoid losing an appeal on technical grounds. It’s safe to say that … Continue reading Appeals Board Rules: Revisions!
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
It’s Rulemaking Time Again
By Chief Judge Kenneth M. Switzer, Nashville “This above all-- to thine own self be true, and it must follow, as night follows day, thou canst not then be false to any man.” --Hamlet, Act 1 Scene 3, spoken by Polonius. As “night follows day,” rule-making time comes upon us again. For the past nine … Continue reading It’s Rulemaking Time Again
Self-Represented Litigants: A Look at the Rules
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
Amended rules take effect NOW
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
Bureau Adopts new Teleheath Rules and Choice of Physicians Form
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
MOST Unveils New Process for Possible Rule and Law Violations
By Brian Holmes, Director, Mediation and Ombudsman Services of Tennessee Being a workers’ compensation mediator is an extremely rewarding job. Mediators help employers, employees, and insurers resolve disputes that impact lives, businesses and careers. Mediators also confront a number of challenges. Of them, the most difficult might be balancing statutory roles while building cooperative, trusting … Continue reading MOST Unveils New Process for Possible Rule and Law Violations
Mark Your Calendars for Rulemaking Hearing
As promised in a previous blog post, please see this Notice of Rulemaking. The public hearing will be August 5, 2021, at 1:00 p.m. Central Time at the Bureau of Workers' Compensation, 220 French Landing Drive in Nashville. Written comments will also be accepted until close of business on August 19, 2021, and can be … Continue reading Mark Your Calendars for Rulemaking Hearing
Court Holds our own “Big Ears Festival”
By Judge Lisa A. Lowe, Knoxville Judge Lisa Lowe The Big Ears Festival is a concert held in Knoxville each spring that, according to The New Yorker, “combines elements of jazz, rock, folk, classic, and electronica.” The New York Times called it “one of the world’s greatest music bashes,” and the Wall Street Journal said … Continue reading Court Holds our own “Big Ears Festival”
Protecting Confidential Billing Info–A Road Less Traveled
By Judge Thomas Wyatt, Chattanooga Judge Thomas Wyatt In the past six and a half years, you’d think our twelve judges in seven locations would’ve addressed every conceivable procedural issue. NOT SO! To the contrary, we’re constantly amazed at how many new issues arise out of the clear blue sky. In fact, a week does … Continue reading Protecting Confidential Billing Info–A Road Less Traveled
Keeping the Court Happy and Content
By Judge Dale Tipps, Murfreesboro Someone recently forwarded me a list of pet peeves compiled by a judge in another state. The list contains seventy-eight items, and many of them pulled no punches. In the interest of promoting a kinder, gentler blog, I decided to rework the list into ten suggestions for keeping your trial … Continue reading Keeping the Court Happy and Content
What’s New at the Appeals Board?
We’re glad you asked! First, on Monday, new rules became effective that govern the appeals process for both interlocutory appeals and compensation order appeals. They are available here. The rules didn't revise any deadlines or make other significant substantive changes, but they now incorporate the Board’s former Practices and Procedures into the administrative rules. Second, … Continue reading What’s New at the Appeals Board?
Learning the rules of ‘ritualized battle,’ part two
By Jane Salem, staff attorney, Nashville Welcome back to my two-part series on civil procedure in the Tennessee Court of Workers’ Compensation Claims. You did re-read the cases I mentioned in the last blog post in their entirety and you drew your own conclusions, right? Thanks. I ended the last post with a recap of … Continue reading Learning the rules of ‘ritualized battle,’ part two
From the Bench 