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Appeals Board Offers Summary Judgment Guidance

05/19/21 Jane Salem The Tennessee Workers Compensation Appeals Board has issued two opinions on summary judgment that should be required reading for anyone moving for or opposing this type of motion. In both cases, the Board examined the moving parties pleadings closely and concluded that grants of summary judgment were improper because the movants never met their burdens of production. Further, in both cases, the employers argued that the self-represented employees couldn t prove medical causation, but the documentation the employers relied on didn t say whether the injury arose primarily out of employment or use similar wording. Doris Gibbs v. Express Services, Inc.

Seasons Change, and So Do We

05/06/21 A time to plant, a time to reap Any denizen of Tennessee knows our weather is almost as mercurial and unpredictable as 1960s America. It s hard to tell what season it is: summer one day, and winter the next. Typically, Tennessee has five “little winters.” We have redbud winter in late March, dogwood winter in late April, locust winter in early May, blackberry winter in mid-May and whippoorwill winter in late May. We ve just left dogwood winter. Everything is blooming, but you may have to bring your plants inside or cover them with sheets. Some people have their heat on in the morning and the air conditioner in the afternoon. This weather has us confused about what to wear to stay comfortable.

Seeking Your Feedback For Judicial Reappointments

Seeking Your Feedback For Judicial Reappointments
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Protecting Confidential Billing Info-A Road Less Traveled

03/16/21 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 not go by without a judge asking how his or her colleagues would handle a procedural issue. Often, the issue proves to be one of first impression. The truth is that lawmakers and rule-writers can t possibly foretell all the unique situations that parties bring to court. Thus, procedural rules are more like a road map than driving directions. In the same manner that a map doesn t tell you the condition of the road, how traffic is moving, and whether the next exit has a place to get gas, the

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