Merriam-Webster defines misconception as “a wrong or mistaken idea.”
For years, I, like others, believed that Twinkies stay fresh forever. In fact, the shelf life of a Twinkie is only 25 days! To this day, that’s a common misconception.
Another common misconception is that parties need to file multiple petitions for benefit determination. Attorneys often announce during a hearing that they intend to file “another PBD.” Or a glance at TNComp shows that one or both sides filed multiple petitions. Sometimes, a party refiles the same petition.
Don’t worry. You’re not alone if you’re guilty of filing multiple petitions.
Long ago, the Tennessee Bureau of Workers' Compensation encouraged filing multiple petitions either to amend a petition or to address a new issue. That process often resulted in multiple mediations ending in settlement, issuance of a dispute resolution statement or issuance of a dispute certification notice.
As Chief Judge Switzer recently posted in his blog article, “Beginning March 25, 2024, all mediations in cases pending before the Court of Workers’ Compensation Claims will conclude with the issuance of a dispute certification notice.” Mediators will no longer issue dispute resolution statements.
This important change means that you no longer need to file multiple petitions unless a rule or statute requires you to do so. For example, filing a second petition is necessary in the following situations:
Otherwise, you may simply file a motion to amend the petition and/or to include new issues that arise.
So don’t file more than one petition unless it’s required that you do so. And throw out those old Twinkies.
Audrey Headrick is a judge in the Tennessee Court of Workers' Compensation Claims, Chattanooga. This entry is republished with permission from the court's blog.
Jul 29 – Aug 2, 2024
SAVE THE DATE! 76th Annual SAWCA Convention July 29 August 2, 2024 Hotel Effie Sandestin 1 Grand …
Aug 14-17, 2024
California Society of Industrial Medicine and Surgery (CSIMS) is combining its two conferences, PI …
Sep 23-26, 2024
The IAIABC invites you to the IAIABC 110th Convention, "Passport to Solutions". The IAIABC Convent …
No Comments
Log in to post a comment