Standing Order for Flood-Related Deadline Extensions for Courts

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TENNESSEE BUREAU OF WORKERS' COMPENSATION
IN THE TENNESSEE WORKERS' COMPENSATION APPEALS BOARD
IN THE COURT OF WORKERS' COMPENSATION CLAIMS

Standing Order In Re Limited Disaster Plan For Courts in First, Second, Third And Fourth Districts

On September 27, 2024, the Governor of the State of Tennessee declared that a major disaster and state of emergency exists in the State of Tennessee after severe weather, including severe rainfall and flash flooding, that began on September 26, 2024. Also on September 27, 2024, the President of the United States declared that an emergency exists in the State of Tennessee, including parts of the First, Third, and Fourth Judicial Districts. For purposes of this order, the Second Judicial District is also included.

In reliance on the above declarations, the Tennessee Supreme Court, invoking Rule 49, section 2 and the Court's inherent authority, activated and promulgated a limited disaster plan for all the trial courts in the First, Second, Third, and Fourth Judicial Districts due to the severe flooding that occurred on September 26 and 27, 2024.

The Court granted a 45-day extension of mandatory deadlines in the Tennessee Rules of Civil Procedure and other applicable court rules. This 45-day extension applies to any document that would have been due to be filed in the courts of the First, Second, Third, and Fourth Judicial Districts from September 26 through November 12, 2024. Statutes of limitations and statutes of repose that would otherwise expire during the period between September 26 and November 12, 2024, are extended through November 12, 2024. See Tenn. Code Ann. § 28-1-116 (2017).

The Tennessee Court of Workers' Compensation Claims and the Workers' Compensation Appeals Board are specialty courts, created by legislation and not the Tennessee Constitution. Yet we are subject to the Tennessee Supreme Court, given that by statute our orders and opinions are reviewable by the high Court.

The Presiding Judge of the Appeals Board and the Chief Judge of the Court of Workers' Compensation Claims are charged with the administration of the day-to-day operations of the Appeals Board and the Court. Tenn. Code Ann. § 50-6-218(b) & 238(b)(2). Therefore, under that authority, we conclude that the Supreme Court order affecting claims in the judicial districts listed above applies to cases under the jurisdiction of the Tennessee Workers' Compensation Appeals Board and the Court of Workers' Compensation Claims that arose within those judicial districts.

IT IS ORDERED.
ENTERED November 7, 2024, nunc pro tunc September 26, 2024.

PRESIDING JUDGE TIMOTHY CONNER
Workers' Compensation Appeals Board

CHEIF JUDGE KENNETH M. SWITZER
Court of Workers' Compensation Claims