Tennessee’s New Court of Workers’ Compensation:Introduction to Procedures

Ken Switzer, Chief Workers’ Compensation JudgePenny Shrum, Court Clerk

Lisa Knott, WC Judge and Moderator

The Court of Workers’ Compensation ClaimsChief Judge Kenneth M. Switzer

Tennessee Court of Workers’ Compensation Claims

Penny Shrum, Court Clerk

Advice

What to wear

What to say

Judicial Robes?

Painting With A Broad Brush

Administrative StructureDivision of Workers’ Compensation includes:

Ombudsman ProgramCourt of Workers’ Compensation ClaimsBoard of Workers’ Compensation Appeals

Current programs will continue to operate for existing claims.

The Ombudsman ProgramWill provide education and assistance to any party to a workers’ compensation claim that is not represented by an attorney.

Will be staffed by persons trained in Tennessee Workers’ Compensation law and rules of the various programs.

An ombudsman is not an attorney, cannot provide legal advice, and cannot sign documents on behalf of a party.

Duties of the OmbudsmanThe ombudsman will have the basic responsibilities of:

Advising parties of the basics of workers’ compensation laws and proceduresAnswering the questions of partiesAssisting parties in the completion of formsActing as a liaison among the parties to ensure communication among parties and efficiency in the administration of claims

Court of Workers’ Compensation Claims

Gone with the Wind

Benefit Review Conference (BRC)Request for Assistance (RFA)Commissioner’s DesigneeAdministrative Review

Words that Work

Petition for Benefit Determination (PBD)Dispute Certification Notice (DCN)Expedited HearingInitial HearingAlternative Dispute Resolution (ADR)

MediationInterlocutory OrderCompensation OrderDecision on the Record

Flow Charts That Confuse

Flow Chart That Educates

Petition for Benefit Determination (PBD)

Petition for Benefit Determination (PBD)

Tells us there is a dispute.

Purpose: Not just to toll the statute.

Must be served on opposing party.

Mediation Requirements

A party with authority to settle must attend the mediation.

Mediation will be scheduled whenever either party files a Petition for Benefit Determination (PBD) with the Division.

Mediation ProceedingsAfter PBD is filed parties must:

Promptly exchange all medical records – update within 14 days after receipt of additional records.Employer must file a wage statement w/in 5 days.

Division contacts parties to schedule mediation – same as always.Mediation can be in person, telephonically or by video conference.

Dispute Certification Notice (DCN)If parties do not settle – mediator prepares and issues Dispute Certification Notice certifying disputed issues for trial – no hearing in Court without DCN.

Parties have five days to object to contents of DCN.

Initial HearingsInitial hearing within 30 days after request for hearing is filed.If no request for hearing filed w/in 60 days after DCN submitted to clerk – case placed on dismissal docket and set for show cause hearing.Request for Hearing can be in any format; however, a template will be provided. Catastrophic cases get priority on docket.Clerk will send notice setting initial hearing date and time, identifying the Judge, and specifying items to be completed before the hearing.

Catastrophic Injury

ParalysisAmputationsTraumatic Brain InjuryBurns – Second or Third DegreeBlindness (total)Deafness (total)

Initial HearingsDiscovery plan and a scheduling calendar.

Division will provide template for Initial Hearing order.Initial hearings will likely be telephonic or by video conference (only under rare circumstances will this be in person).Important: Post Discovery Mediation AND Compensation Hearing Date will be set by this Order.

Expedited HearingsHearing on temporary disability or medical benefits only.Either party may request expedited hearing after case is docketed.

Party requesting hearing must provide affidavits to support position. (Note: Medical records allowed by a certification of same: See Rule 16 Discovery 6(b).)Opposing party may provide countervailing evidence w/in 5 days and indicate the need for an evidential hearing.

Judge can decide if hearing necessary or enter an Order.Standard: Is the employee likely to prevail on the merit of the claim?Temporary benefit order is interlocutory and may be appealed to WC Appeals Board within seven days.

DiscoveryIn General will operate in accordance with rules of Civil Procedure, except:

20 interrogatory limit unless judge gives leave for moreFour hour time limit for depositionNo answers required until after initial hearing order has been signedNo hearing for discovery disputes unless ordered by judge (will be reviewed based on written materials).

Time Requirements Table

Time Requirements Table

CWCC Proceedings

Medical records and a prehearing statement must be filed with court 10 business days before trial.

Hearings will be conducted under the Rules of Civil Procedure & Evidence (Expedited Included).

CWCC ProceedingsAny compensation order issued by a WC judge shall become final and appealable to the Supreme Court after thirty calendar days unless an appeal is filed with the Board of Appeals. If no appeal is filed, the parties shall have five business days after the order becomes final to comply.

If an appeal is filed to Board of Appeals, the decision of the WC judge shall not become final until certified by the Board.

SettlementsNo settlement shall be binding until approved by a WC judge.A fee of $150 shall be due at the time of settlement or final order. Fees may be paid by check or credit card. All settlements shall be approved within three business days of submission and assignment to a judge. T.C.A. § 50-6-240(b)A WC judge may approve a signed settlement agreement upon determining that the employee is receiving substantially the benefits provided by the WC law and/or upon finding that the settlement is in the employee’s best interest.Settlement approvals will be in person but may be conducted telephonically in unusual circumstances.

Practical QuestionsTemplate for Settlement Orders

Mediated Settlement ApprovalsMurfreesboroCookeville

Non-Mediated Settlement Approvals

Example: KnoxvilleTwo days a week

Monday morningThursday afternoon

Call In – Schedule Time

Each office decision

Court Clerk

Filing Process for Expedited Hearing

Petition for Benefit Determination (local office)Dispute Certification Notice (prepared by mediator)Request For Expedited HearingImmediately Assign to a JudgeDocument Filings (medical records and prehearing statements)

Filing Process for Non-Expedited Hearing

Petition for Benefit Determination (local office)Dispute Certification Notice (prepared by mediator)Request For HearingInitial HearingPost Discovery Mediation (local office)

Anderson

Bedford

Benton

Bledsoe

Blount

Bradley

Campbell

Cannon

Carroll

CarterCheatham

Chester

ClaiborneClay

Cocke

Coffee

Crockett

Cumberland

Davidson

Decatur

De Kalb

DicksonDyer

Fayette

Fentress

Franklin

Gibson

Giles

Grainger

Greene

Grundy

Hamblen

Hamilton

Hancock

Hardeman Hardin

Hawkins

HaywoodHenderson

Henry

Hickman

Houston

Humphreys

Jackson

Jefferson

Johnson

Knox

Lake

Lauderdale

Lawrence

Lewis

Lincoln

Loudon

McMinn

McNairy

Madison

Marion

Marshall

MauryMeigs

Monroe

Montgomery

Moore

Morgan

ObionOverton

Perry

Pickett

Polk

Putnam

Rhea

Roane

Robertson

Rutherford

Scott

Sequatchie

Sevier

Shelby

Smith

StewartSullivan

Sumner

Tipton

Trousdale

Unicoi

Union

Van BurenWarren

Washington

Wayne

Weakley

WhiteWilliamson

Wilson

Macon

Nashville--Metro Center220 French Landing Dr.Nashville, TN 37243Telephone: 615-741-1383Fax: 615-253-2480

MemphisOne Commerce Square40 South Main St, Suite 500Telephone: 901-543-6077Fax: 901-543-6039

Cookeville444-A Neal StreetCookeville, TN 3850Telephone: 931-520-4290Fax: 931-520-4316

Knoxville520 Summit Hill, Suite 103Knoxville, TN 37902Telephone: 865-594-5177Fax: 865-594-5172

Jackson225 Dr. MLK Drive, 1st FlJackson, TN 38301-6985Telephone: 731-423-5646Fax: 731-265-7022

Murfreesboro845 Esther LaneMurfreesboro, TN 37219Telephone: 615-848-6743Fax: 615-217-9378

Chattanooga (moving in late Fall)540 McCallie Ave, Ste W600Chattanooga, TN 37402Telephone: 423-634-6422Fax: 423-634-3115

Kingsport1908 Bowater DriveKingsport, TN 37660-4136Telephone: 423-224-2057Fax: 423-224-2056

Assignment to Judges by Clerk

Contact InformationChief Judge Kenneth M. Switzer 615-741-2395 kenneth.switzer@tn.govJudge Brian Addington 423-224-1838 brian.addington@tn.govJudge Joshua Baker 615-253-6909 josh.baker@tn.gov

Judge Lisa Knott 865-594-2771 lisa.knott@tn.govJudge Pamela Johnson 865-594-0311 pamela.johnson@tn.govJudge Allen Phillips 731-426-0859 allen.phillips@tn.govJudge Jim Umsted 901-543-6046 jim.umsted@tn.govJudge Thomas Wyatt 423-634-6422 thomas.wyatt@tn.govPenny Shrum, Court Clerk 615-253-4507 penny.patterson-shrum@tn.govOmbudsman Program 1-800-332-2667 wc.ombudsman@tn.gov

website: state.tn.us/labor-wfd/wcomp.shtml

Evaluation of Process

Questions?