APRIL 2023 PRESIDENT’S LETTER

Greetings from the President By Pamela B. Johnson Tennessee Court of Workers’ Compensation Claims Knoxville, TN As you know, the NAWCJ is an organization focused on education, collaboration, and networking opportunities. In early March, we held our New Judges’ Virtual Boot Camp, where 38 new adjudicators learned from experienced judges and legal experts on matters […]

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Life After the NAWCJ Presidency

By Suzette Carlisle Flowers, Ph.D. Administrative Law Judge Missouri Division of Workers’ Compensation   NAWCJ presidents devote their time, vision, energy, and creativity to advancement of the organization, as members, committee chairs, secretary, treasurer, president-elect, and as president.  After years of service, the fast and furious pace abruptly ends.  But what happens to past presidents […]

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A SMALL POSITIVE BORN OF TRAGEDY

By Steven A. Minicucci Administrative/Association Judge Rhode Island Workers’ Compensation Court   The impact of the fire was far-reaching including the horrific deaths, debilitating, and disfiguring injuries, the political and criminal fallout in diminutive Rhode Island which was likened in court to the state’s own version of a 9/11 tragedy. In the aftermath of the […]

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MSA 101

By Douglas W. Gott Chief Administrative Law Judge Kentucky Department of Workers’ Claims   I.     Overview of MSAs. Congress established the Medicare program in 1965 to pay medical expenses for the elderly and disabled. It paid those expenses without regard to whether the treatment was also covered by an employer group health plan. Congress […]

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DO EVIDENCE RULES INFRINGE ON FUNDAMENTAL FAIRNESS FOR SELF-REPRESENTED LITIGANTS IN WORKERS’ COMPENSATION COURTS?

By Thomas Wyatt Judge, Tennessee Bureau of Workers’ Compensation Chattanooga, TN   SOMETHING TO THINK ABOUT A poll of lawyers and judges would certainly find overwhelming support for rules of evidence.  Some would say these rules promote orderly trials and decisions based on reliable documents and testimony.  Others would point out that evidentiary rules keep […]

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THE “GOLDILOCKS” PROBLEM: RETHINKING THE EVIDENCE RULES IN WORKERS’ COMPENSATION COURTS

By Edward K. Cheng [1] Heidi H. Liu [2] Henry Z. Wang [3]   In the April 2023 issue of Lex & Verum, Judge Thomas Wyatt from Tennessee raises the question of applying (or not applying) the rules of evidence in workers’ compensation proceedings. In this Essay, we broaden and build on Judge Wyatt’s comments […]

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A TALE OF TWO SOCIETIES: THE IMPACT OF “GIG ECONOMY” LAWS ON RURAL AMERICA

By Timothy W. Conner Judge, Workers’ Compensation Appeals Board Knoxville, TN   According to preliminary results released by the U.S. Census Bureau in December 2020, there are approximately 332.6 million people living in America.[1]  Most Americans live in what are defined as “urban,” or densely-populated, areas while a minority live in what are defined as […]

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APRIL 2023 MEMBER NEWS

SOUTH CAROLINA Governor McMaster appointed Cynthia C. Dooley, Esq to the South Carolina Workers’ Compensation Commission.  Subsequently,  she was confirmed by the SC Senate and her term began on 7/1/22.  She is the first new SC workers’ compensation commissioner in 10 years. Prior to her service at the SCWCC, Cynthia  graduated magna cum laude with […]

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