Official Summary Text
NOTICE OF INJURY
Present law requires an
injured employee or
their
representativ
e
, immediately upon the occurrence of an injury,
or as is reasonable and practicable,
to
give or cause to be given to the employer who has no actual notice, written notice of the injury
.
T
he employee
is
no
t
entitled to physician's fees or to any compensation that may have accrued from the date of the ac
cident to the giving of notice, unless it can be shown that the employer had actual knowledge of the accident.
Present law requires such notice to
state in plain and simple language the name and address of the employee and the time, place, nature, and
cause of the accident resulting in injury or death.
This bill authorizes the employee's representative to give such notice to the employer.
Present law prohibits a
defect or inaccuracy in the notice
from
bar
ring
compensation, unless the employer can sho
w, to the satisfaction of the workers' compensation judge before which the matter is pending, that the employer was prejudiced by the failure to give the proper notice, and then only to the extent of the prejudice.
This bill revises this provision to requ
ire the notice given to be written notice.
VOCATIONAL RECOVERY FUND
Present law provides that if, after compensation for temporary total disability has been given, the employee
has not returned to work because of a work injury, or has returned to work
and is receiving wages or a salary that is less than
100%
of the wages or salary the employee received from the employee's pre-injury employer on the date of injury, then the injured employee may request vocational recovery assistance from the subsequent
injury and vocational recovery fund
by submitting an approved form to the bureau of worker's compensation. Under present law, the provisions regarding vocational recovery assistance only apply to injuries that occur on or after July 1, 2018, but not to in
juries that occur after June 30, 2025. This bill removes the end date of June 30, 2025.
WORKERS' COMPENSATION APPEALS BOARD
Present law authorizes the governor, in consultation with the speaker of the house of representatives and the speaker of the s
enate, to appoint three qualified individuals to serve as judges on the workers' compensation appeals board. Each individual so selected must be at least 30. This bill increases the minimum age requirement to at least 35.
Present law provides that u
pon
appointment, each judge of the workers' compensation appeals board
must
serve a term of six years and may be reappointed for up to two additional terms by the governor upon expiration of the initial term.
This bill
revises this provision to, instead, aut
horize a judge
be appointed for up to three additional terms upon expiration of the initial term.
Present law provides that s
ervice of more than half of a six-year term constitutes service of one full term.
This bill removes this provision.
Present law
provides that a
judge appointed to th
e
board to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.
This bill revises this provision to, instead, authorize such judge to be eligible to serve up to an a
dditional four terms.
FEES
Present law provides that the reasonableness of attorney fees for
services to employees is subject to the approval of the workers' compensation judge before whom the matter is pending
.
All attorney fees for attorneys representing employers are subject to review for reasonableness of the fee and are subject to approval by a workers' compensation judge when the fee exceeds
$
10,000.
Additionally under present law, medical
costs that have b
een voluntarily paid by the employer or its insurer
must
not be included in determining the award for purposes of calculating the attorney's fee.
This bill revises the previous provision to now include burial, cremation, or other lawful means of dispositi
on of human remains in addition to medical costs.
In
addition to attorneys' fees,
present law authorizes
the court of workers' compensation claims
to
award reasonable attorneys' fees and reasonable costs, including, but not limited to, reasonable and nec
essary court reporter expenses and expert witness fees for depositions and trials, incurred when the employer
u
nreasonably denies a claim or unreasonably fails to timely initiate any of the benefits to which the employee or dependent is entitled, including
medical benefits, temporary or permanent disability benef
its
, or death benefits if the workers' compensation judge makes a finding that the benefits were owed at an expedited hearing or compensation hearing.
Present law provides that this authority is ap
plicable to injuries that occur between July 1, 2021, and June 30, 2025. This bill changes the end date to June 30, 2030.
MEDIATORS PROGRAM
Present law requires the administrator of the workers' compensation mediators program to establish a workers' co
mpensation mediators program to assist injured or disabled employees, persons claiming death benefits, employers and other persons in protecting their rights, resolving disputes, and obtaining information pertinent to workers compensation laws and practic
e
s.
In accordance with the rules adopted by the administrator, present law requires conduct alternative dispute resolution and certain other requirements listed in present law, including accepting all documents and information presented to the workers'
compensation bureau of this state relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues and include them in the claim file. This bill removes this requirement of the mediator.
JUDGE
QUALIFICATIONS
Present law requires the administrator of the court of worker's compensation claims to appoint qualified individuals to serve as workers' compensation judges. Such
judges
must
have
at least five years
of
experience in workers' compensatio
n matters an
d
be at least 30.
This bill increases
the required amount of experience to seven years and increases
the
minimum
age requirement to
at least
35.
Present law prohibits a
workers' compensation judge
from
serv
ing
more than three full terms,
wit
h
service of more than half of a term constitut
ing
service of one full term.
This bill revises this provision to, instead, prohibit such a judge from serving more than four years, with an appointment
to fill a vacancy for less than a full term
being
eligi
ble to serve up to an additional four full terms
.
Under present law, a
ny workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge
is
eligible to
serve an additional three full terms.
This bill revises this provision to, instead, authorize an additional four terms.
Present law requires
the administrator
to
appoint a qualified individual to serve as chief judge of the court of workers' compensati
on claims.
Upon appointment, the chief judge
must
serve a term of six years.
Service of more than half of a six-year term constitutes service of one full term.
This bill removes this provision regarding service of more than half a six-year term.
Present law provides that a
chief judge appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.
This bill revises this provision to, instead, authorize an additional four full terms.
FEE FOR C
ONTEMPT
This bill authorizes a workers' compensation judge to sanction a party for contempt and impose a fine of up to $50 per occurrence, in addition to any other civil penalties under law. Additionally, upon imposition of the sanction,
the sanctioned
party may request a hearing to contest the sanction by filing a request for hearing with the court clerk no later than five business days after the date the judge imposed the sanction. If the judge confirms the contempt finding, then the sanctioned party
may appeal that decision by filing a notice of appeal with the workers' compensation appeals board. An appeal of a sanction must not result in a stay of proceedings in the underlying claim.
REQUEST OF HEARING
W
ithin 60 days after issuance of a dispute
certification notice by a workers' compensation mediator,
present law requires
a party seeking further resolution of disputed issues
to
file a request for a hearing with the bureau
.
T
he clerk of the court of workers' compensation claims
must
issue notice
to all parties identifying the judge to whom the claim has been assigned and the procedure for scheduling and preparing for a hearing.
This bill revises this provision to provide that if the presiding judge has not set a case for hearing, then, within 60
days, a party must file the request.
U
nless permission has been granted by the assigned workers' compensation judge,
present law provides that
only issues that have been certified by a workers' compensation mediator within a dispute certification
notice may be presented to the workers' compensation judge for adjudication
. Following the issuance
of a dispute certification notice and assignment of the claim to a workers' compensation judge, the workers' compensation judge may grant permission for pa
rties to present issues that have not been certified by a workers' compensation mediator only upon finding that
the
parties did not have knowledge of the issue prior to issuance of the dispute certification and could not have known of the issue despite rea
sonable investigation
and prohibiting
presentation of the issue would result in substantial injustice to the petitioning party.
This bill removes all of these provisions and, instead, provides that the presiding workers' compensation judge may, at the jud
ge's discretion, grant permission for parties to present issues that have not been certified by a workers' compensation mediator.
JUDGMENTS WITH MULTIPLE FINDINGS
If, following a civil action in a worker's compensation case filed pursuant to an appeal,
the court enters a judgment or decree that includes multiple findings with separate awards of payment to the employee, then present law requires the following to apply:
I
f the employer, insurer
,
or employee appeals one or more of the findings but not all, any payments owed to the employee as the result of a finding not appealed must be due and payable to the employee when the time for appealing the judgment or decree has expired
.
I
f the employer, insurer
,
or employee appeals more than one of the findings and the supreme court grants permission to appeal as to at least one of the findings appealed but not all, any payments owed to the employee as the result of a finding not appealed or for which permission to appeal was not granted must be due and payable to the employee when the time for appealing the judgment or decree has expired.
This bill removes all of the above provisions.
Under present law, when the time for filing an appeal has expired under the provisions above, the court unless in its discret
ion it determines otherwise, must enter final judgment or a mandate pursuant to law as to all finding not appealed or findings for which permission to appeal was not granted. This bill removes this provision.
Current Bill Text
Read the full stored bill text
SENATE BILL 1309
By Johnson
HOUSE BILL 128
By Lamberth
HB0128
001277
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 50,
Chapter 6, Part 2, relative to workers'
compensation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 50-6-201, is amended by deleting the
section and substituting:
(a) An injured employee or the injured employee's representative shall,
immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and
practicable, give or cause to be given to the employer who has no actual notice, written
notice of the injury, and the employee is not entitled to physician's fees or to any
compensation that may have accrued under this chapter, from the date of the accident to
the giving of notice, unless it can be shown that the employer had actual knowledge of
the accident. Compensation is not payable under this chapter unless the written notice
is given to the employer within fifteen (15) days after the occurrence of the accident,
unless reasonable excuse for failure to give the notice is made to the satisfaction of the
tribunal to which the claim for compensation may be presented.
(b) In those cases where the injuries occur as the result of gradual or cumulative
events or trauma, the injured employee or the injured employee's representative shall
provide notice of the injury to the employer within fifteen (15) days from the date the
employee:
(1) Knows or reasonably should know that the employee has suffered a
work-related injury that has resulted in permanent physical impairment; or
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(2) Is rendered unable to continue to perform the employee's normal
work activities as the result of the work-related injury, and the employee knows or
reasonably should know that the injury was caused by work-related activities.
(c)
(1) The notice of the occurrence of an accident required to be given to
the employer by the employee or the employee's representative must state in
plain and simple language the name and address of the employee and the time,
place, nature, and cause of the accident resulting in injury or death. The notice
must be signed by the claimant or by a person authorized to sign on the
claimant's behalf, or by one (1) or more of the claimant's dependents if the
accident resulted in death to the employee.
(2) A defect or inaccuracy in the written notice is not a bar to
compensation, unless the employer can show, to the satisfaction of the workers'
compensation judge before which the matter is pending, that the employer was
prejudiced by the failure to give the proper written notice, and then only to the
extent of the prejudice.
(3) The notice must be given to the employer or to the employer's agent
having charge of the business at which the injury was sustained by the
employee.
SECTION 2. Tennessee Code Annotated, Section 50-6-208(i)(7), is amended by
deleting ", but does not apply to injuries that occur after June 30, 2025".
SECTION 3. Tennessee Code Annotated, Section 50-6-218(a), is amended by deleting
"thirty (30) years of age" and substituting "thirty-five (35) years of age".
SECTION 4. Tennessee Code Annotated, Section 50-6-218(b), is amended by deleting
the subsection and substituting:
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(b) Upon appointment, each judge of the workers' compensation appeals board
shall serve a term of six (6) years and may be reappointed for up to three (3) additional
terms by the governor upon expiration of the initial term. The governor shall designate
one (1) of the judges as the presiding judge who, in addition to performing the duties of a
judge on the workers' compensation appeals board, shall administer the day to day
operations of the workers' compensation appeals board and supervise the activities of
the workers' compensation appeals board judges. A judge appointed to the workers'
compensation appeals board to fill a vacancy for less than a full term is eligible to serve
up to an additional four (4) full terms.
SECTION 5. Tennessee Code Annotated, Section 50-6-226(a)(2)(A), is amended by
adding "and the costs of burial, cremation, or other lawful means of disposition of human
remains" after "Medical costs".
SECTION 6. Tennessee Code Annotated, Section 50-6-226(d)(2)(B), is amended by
deleting "June 30, 2025" and substituting "June 30, 2030".
SECTION 7. Tennessee Code Annotated, Section 50-6-236(b)(3), is amended by
deleting the subdivision.
SECTION 8. Tennessee Code Annotated, Section 50-6-238(a)(1), is amended by
deleting "five (5) years experience" and substituting "seven (7) years' experience" and by
deleting "thirty (30) years of age" and substituting "thirty-five (35) years of age".
SECTION 9. Tennessee Code Annotated, Section 50-6-238(a)(2)(B), is amended by
deleting "three (3) full terms" and substituting "four (4) full terms" and by deleting ", and service
of more than half of a term shall constitute service of one (1) full term" and substituting ", but a
workers' compensation judge appointed to fill a vacancy for less than a full term is eligible to
serve up to an additional four (4) full terms".
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SECTION 10. Tennessee Code Annotated, Section 50-6-238(a)(2)(D), is amended by
deleting "three (3) full terms" and substituting "four (4) full terms".
SECTION 11. Tennessee Code Annotated, Section 50-6-238(a), is amended by adding
the following as a new subdivision:
(5) In addition to, and not in lieu of any other civil penalties as provided in this
chapter or by rule, a workers' compensation judge may sanction a party for contempt
pursuant to § 29-9-102 and impose a fine of up to fifty dollars ($50.00) per occurrence.
Upon imposition of the sanction, the sanctioned party may request a hearing to contest
the sanction by filing a request for hearing with the court clerk no later than five (5)
business days after the date the judge imposed the sanction. If the judge confirms the
contempt finding, then the sanctioned party may appeal that decision by filing a notice of
appeal with the workers' compensation appeals board. An appeal of a sanction under
this subdivision (a)(5) must not result in a stay of proceedings in the underlying claim.
SECTION 12. Tennessee Code Annotated, Section 50-6-238(b)(3), is amended by
deleting the subdivision and substituting:
(3) Upon appointment, the chief judge shall serve a term of six (6) years and
may be reappointed by the administrator upon expiration of a term if the chief judge has
served competently, responsibly, and impartially. A chief judge of the court of workers'
compensation claims appointed to serve less than a full term to fill a vacancy is eligible
to serve up to an additional four (4) full terms.
SECTION 13. Tennessee Code Annotated, Section 50-6-239(a), is amended by
deleting "Within sixty (60) days" and substituting "If the presiding judge has not set a case for a
hearing, then within sixty (60) days".
SECTION 14. Tennessee Code Annotated, Section 50-6-239(b), is amended by
deleting the subsection and substituting:
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(b) The presiding workers' compensation judge may, at the judge's discretion,
grant permission for parties to present issues that have not been certified by a workers'
compensation mediator.
SECTION 15. Tennessee Code Annotated, Section 50-6-245, is amended by deleting
the section.
SECTION 16. This act takes effect July 1, 2025, the public welfare requiring it.