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
Tag: 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
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”
From the Bench 