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
Tag: Rules
Learning the rules of ‘ritualized battle’
By Jane Salem, staff attorney, Nashville When I used to teach civil procedure as a law professor, I would begin the year by telling my students that “civil procedure is the etiquette of ritualized battle.” The phrase, which did not originate with me, captured the point that peaceful, developed societies resolve disputes by law rather … Continue reading Learning the rules of ‘ritualized battle’
Getting in — and out — of the game
By Judge Deana Seymour, Memphis Have you noticed the recent popularity of escape rooms? You know – those games where a team, confined to a room, studies the clues and tries to escape? If the team follows the clues, the escape occurs without a hitch. But sometimes a missed clue along the way prevents release. … Continue reading Getting in — and out — of the game
Some Friendly Reminders
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
New and improved rules take effect today
By Judge Pamela B. Johnson, Knoxville For any chance of success, parties to a workers’ compensation claim in Tennessee must familiarize themselves with the statute as well as the many applicable rules and regulations. Some have said the Bureau of Workers’ Compensation and the Court have too many rules. We agreed. So, we worked to … Continue reading New and improved rules take effect today
Better Get it in Writing: A Few Takeaways
By Jane Salem, Staff Attorney, Nashville Judge Robert Durham’s most recent blog post generated comments from court reporters, which deserve some follow-up. So here goes. [Official Disclaimer and Apology: These are the musings of a staff attorney, rather than official pronouncements of law from the Court. OK? Good. Also, unlike Judge Durham, I’m incapable of … Continue reading Better Get it in Writing: A Few Takeaways
See you next week
The public hearing on the proposed revisions to the Mediation and Hearing Procedures for the Court of Workers’ Compensation Claims is Tuesday, October 30, at 10:00 a.m. Central Time at the Bureau of Workers' Compensation in the Tennessee Room, 220 French Landing Drive in Nashville. This is your opportunity to voice your opinion. Members of … Continue reading See you next week
Rules Reorganization is Under Way
By Chief Judge Kenneth M. Switzer, Nashville When the Court began operating in July 2014, we already had a set of “rules” called the Mediation and Hearing Procedures. These rules were prepared before any judges were appointed and any “new law” injuries occurred. They were based on the statute and anticipated how the process would … Continue reading Rules Reorganization is Under Way
New General Rules Take Effect
By Jeff Francis, Assistant Administrator, Nashville The Bureau recently revised its General Rules. The revised rules took effect on May 31 and were designed to make claims handling more efficient and uniform. In summary, the revisions include: Carriers are now required to provide employers a copy of the Notice of Employer Rights and Responsibilities whenever a … Continue reading New General Rules Take Effect
Solving the DCN Dilemma
By Chief Judge Kenneth Switzer, Nashville Our recent “Coffee with the Court” series raised several questions about the dispute certification notice, a/k/a the “DCN,” and its contents. As we all know, the DCN identifies the issues that will be before the Court. The DCN content is based on the parties’ discussions in mediation and should … Continue reading Solving the DCN Dilemma
Lessons Learned from “Coffee with the Court”
By Chief Judge Kenneth M. Switzer, Nashville During April, I toured the state’s three largest cities and attended “Coffee with the Court” conducted by the local Court of Workers’ Compensation Claims’ offices. The purpose of these coffee-talks was to listen to lawyers and other stakeholders discuss issues they face daily. I took copious notes. The … Continue reading Lessons Learned from “Coffee with the Court”
Changing the Rules
In June 2014, a group of fresh-faced workers’ compensation judges in Tennessee – none of whom had actually heard a case yet – developed a set of rules for the newly minted Court of Workers’ Compensation Claims. They relied on their lengthy collective experience as trial attorneys and specialist 4s to come up with a … Continue reading Changing the Rules
Appeals Board Sets Knoxville Oral Arguments, Revises Rules
The Tennessee Workers’ Compensation Appeals Board recently set four cases for oral argument in Knoxville on April 26. Starting at 9:00 a.m. Eastern Time, the Board will take up Yeaman v. Kindred Health Care, where the Court denied a motion to dismiss for failure to prosecute. Afterward, counsel will argue whether the Court properly held … Continue reading Appeals Board Sets Knoxville Oral Arguments, Revises Rules
Naming the SIF as a Party in your Case
By Chief Judge Kenneth M. Switzer, Nashville In case you missed it ̶ and most did ̶ the Legislature renamed the Second Injury Fund last session. Now known as the “Subsequent Injury and Vocational Rehabilitation Fund,” its responsibilities remain much the same for those practicing in this area. The “vocational rehabilitation” part is a topic … Continue reading Naming the SIF as a Party in your Case
Your Gift to the Court
By Chief Judge Kenneth M. Switzer, Nashville We are on your "nice" list, right? We suggest that you consider these gift-like actions of counsel in these recent, distinct cases: The parties submitted a joint motion along with a draft order for the Court’s signature. They took it one step further, including a Word version of … Continue reading Your Gift to the Court
Guide Us in the Right Direction
By Chief Judge Kenneth M. Switzer, Nashville In June 2016 at the Bureau’s annual Educational Conference, we discussed the rule changes that were making their way through the administrative jungle toward final approval. That process takes about one year from the time of proposal until being finalized and approved. That set of rules took effect … Continue reading Guide Us in the Right Direction
Court Tweaks Procedure for Setting Post-discovery ADR
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
But I’m Entitled to One Phone Call, Right?
By Judge Robert Durham, Cookeville Cell phones. The term is so inadequate, it’s almost quaint. To call the portable computer in your purse or attached to your hip a phone is like calling an automobile a portable radio. Today, they are ubiquitous, and frankly it would be foolhardy to practice law without one. However, many … Continue reading But I’m Entitled to One Phone Call, Right?
I’ll be Brief…
By Judge Allen Phillips Lawyers often file briefs in advance of evidentiary hearings, some of which are very helpful toward clarifying the issues, highlighting the critical evidence and identifying the applicable law. Other briefs are not so helpful; in fact, the word "kafka-esque" comes to mind. It's that second category that inspired this post about … Continue reading I’ll be Brief…
Where to file your Supreme Court Notice of Appeal
By Sarah Byrne, Staff Attorney, Nashville When studying for the bar exam, I dreamed I was living in a glass house. All eyes were on me. Clearly, my mind was coping with fear of others’ judgments, since everyone whose opinion mattered knew I was sitting for the exam. Speaking of judgments, here is an important … Continue reading Where to file your Supreme Court Notice of Appeal
