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

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…

In re Cooperation

By Judge Lisa A. Lowe, Knoxville Several months ago, a committee was formed within the Bureau of Workers’ Compensation to examine the process of the issuance of the dispute certification notice. The committee consisted of judges, mediators and program coordinators. One of its goals was to ensure greater consistency with regard to which documents are … Continue reading In re Cooperation

Keep us in the Loop

In a recent case scheduled for a compensation hearing, the judge noticed a few days prior that counsel filed nothing since the last court appearance. Staff contacted the lawyers, who indicated they were negotiating a settlement, needed a continuance and that they would file a motion. On the day of the hearing, no one appeared … Continue reading Keep us in the Loop

New Mediation and Hearing Procedures Take Effect TODAY

By Judge Robert V. Durham, Cookeville Anything new is rarely perfect on the first try. Just ask Thomas Edison, who had to experiment with thousands of different materials and shapes before discovering the best filament to create a commercially viable light bulb. While none of us in the Court of Workers’ Compensation pretends to be … Continue reading New Mediation and Hearing Procedures Take Effect TODAY