1. Tennessee’s New Court of Workers’ Compensation: Introduction to Procedures Ken Switzer, Chief Workers’ Compensation Judge Penny Shrum, Court Clerk Lisa Knott, WC Judge and Moderator

2. The Court of Workers’ Compensation Claims
Chief Judge Kenneth M. Switzer
Tennessee Court of Workers’ Compensation Claims
Penny Shrum, Court Clerk

3. Advice
What to wear
What to say

4. Judicial Robes?

5. Painting With A Broad Brush

6. Administrative Structure
Division of Workers’ Compensation includes:
Ombudsman Program
Court of Workers’ Compensation Claims
Board of Workers’ Compensation Appeals
Current programs will continue to operate for existing claims.

7. The Ombudsman Program
Will 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.
Administrator 7

8. Duties of the Ombudsman
The ombudsman will have the basic responsibilities of:
Advising parties of the basics of workers’ compensation laws and procedures
Answering the questions of parties
Assisting parties in the completion of forms
Acting as a liaison among the parties to ensure communication among parties and efficiency in the administration of claims
Administrator 8

9. Court of Workers’ Compensation Claims

10. Gone with the Wind Benefit Review Conference (BRC)
Request for Assistance (RFA)
Commissioner’s Designee
Administrative Review

11. Words that Work Petition for Benefit Determination (PBD)
Dispute Certification Notice (DCN)
Expedited Hearing
Initial Hearing
Alternative Dispute Resolution (ADR) Mediation
Interlocutory Order
Compensation Order
Decision on the Record

12. Flow Charts That Confuse

13. Flow Chart That Educates

14. Petition for Benefit Determination (PBD)

17. Petition for Benefit Determination (PBD)
Tells us there is a dispute.
Purpose: Not just to toll the statute.
Must be served on opposing party.

18. 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.

19. Mediation Proceedings
After 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.

20. 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.

23. Initial Hearings
Initial 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.

24. Catastrophic Injury Paralysis Amputations Traumatic Brain Injury
Burns – Second or Third Degree
Blindness (total)
Deafness (total)

25. Initial Hearings Discovery 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.

26. Expedited Hearings
Hearing 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.

27. Discovery
In General will operate in accordance with rules of Civil Procedure, except:
20 interrogatory limit unless judge gives leave for more
Four hour time limit for deposition
No answers required until after initial hearing order has been signed
No hearing for discovery disputes unless ordered by judge (will be reviewed based on written materials).

28. Time Requirements Table

29. Time Requirements Table

30. 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).

31. CWCC Proceedings
Any 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.

32. Settlements
No 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. § (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.

33. Practical Questions Template for Settlement Orders
Mediated Settlement Approvals
Murfreesboro
Cookeville
Non-Mediated Settlement Approvals

34. Example: Knoxville Two days a week Monday morning Thursday afternoon
Call In – Schedule Time
Each office decision

35. Court Clerk

36. Filing Process for Expedited Hearing
Petition for Benefit Determination (local office)
Dispute Certification Notice (prepared by mediator)
Request For Expedited Hearing
Immediately Assign to a Judge
Document Filings (medical records and prehearing statements)

37. Filing Process for Non-Expedited Hearing
Petition for Benefit Determination (local office)
Dispute Certification Notice (prepared by mediator)
Request For Hearing
Initial Hearing
Post Discovery Mediation (local office)

38. Assignment to Judges by Clerk
Anderson
Bedford
Benton
Bledsoe
Blount
Bradley
Campbell
Cannon
Carroll
Carter
Cheatham
Chester
Claiborne
Clay
Cocke
Coffee
Crockett
Cumberland
Davidson
Decatur
De Kalb
Dickson
Dyer
Fayette
Fentress
Franklin
Gibson
Giles
Grainger
Greene
Grundy
Hamblen
Hamilton
Hancock
Hardeman
Hardin
Hawkins
Haywood
Henderson
Henry
Hickman
Houston
Humphreys
Jackson
Jefferson
Johnson
Knox
Lake
Lauderdale
Lawrence
Lewis
Lincoln
Loudon
McMinn
McNairy
Madison
Marion
Marshall
Maury
Meigs
Monroe
Montgomery
Moore
Morgan
Obion
Overton
Perry
Pickett
Polk
Putnam
Rhea
Roane
Robertson
Rutherford
Scott
Sequatchie
Sevier
Shelby
Smith
Stewart
Sullivan
Sumner
Tipton
Trousdale
Unicoi
Union
Van Buren
Warren
Washington
Wayne
Weakley
White
Williamson
Wilson
Macon
Memphis
One Commerce Square
40 South Main St, Suite 500
Telephone:
Fax:
Nashville--Metro Center
220 French Landing Dr.
Nashville, TN 37243
Telephone:
Fax:
Cookeville
444-A Neal Street
Cookeville, TN 3850
Telephone:
Fax:
Knoxville
520 Summit Hill, Suite 103
Knoxville, TN 37902
Telephone:
Fax:
Administrator
Jackson
225 Dr. MLK Drive, 1st Fl
Jackson, TN
Telephone:
Fax:
Murfreesboro
845 Esther Lane
Murfreesboro, TN 37219
Telephone:
Fax:
Chattanooga (moving in late Fall)
540 McCallie Ave, Ste W600
Chattanooga, TN 37402
Telephone:
Fax:
Kingsport
1908 Bowater Drive
Kingsport, TN
Telephone:
Fax:

39. website: state.tn.us/labor-wfd/wcomp.shtml
Contact Information
Chief Judge Kenneth M. Switzer
Judge Brian Addington
Judge Joshua Baker
Judge Lisa Knott
Judge Pamela Johnson
Judge Allen Phillips
Judge Jim Umsted
Judge Thomas Wyatt
Penny Shrum, Court Clerk
Ombudsman Program
website: state.tn.us/labor-wfd/wcomp.shtml

40. Evaluation of Process

42. Questions?