Overview of Tennessee Workers' Compensation Law By J. Steven Collins steve@bcnattorneys.us Time Periods
Employer’s 1st Rpt. of Injury
14 days after employer’s knowledge of injury
Employee’s Rpt. Of Injury
Employee to give notice within 30 days of accident
If Occup. Disease
Employee to give notice within 30 days after first distinct manifestation of occupational disease
If Hernia
Must appear suddenly and must immediately follow accident; employee to provide notice within 30 days of hernia
Admit/Deny Employee’s Right to Compensation
15 days from notice of injury
Waiting Period
7 days
Waiting Period Recoverable After Disability
After 14 days whether consecutive or not payment due for entire period of disability including first 7 days
Statute of Limitations
File Initial Claim
1 Year from injury or issuing date of check for last benefit
Right to Reopen
Capped body as a whole (BAW) cases; 1 year from loss of employment if same occurs within 400 weeks of return to work (RTW)
Dependency
1 year from accident/death or issuing date of last voluntary benefit
Maximum Compensation Rate
07/01/01-06/30/02
INJURY
Injury by accident arising out of and in the course of employment (§ 50-6-103). Compensable occupational diseases must be distinctively associated with and traceable to the particular employment, but excluding diseases common to the general public due to exposures equally occurring outside of employment. There must be a direct causal link between conditions of work and the occupational disease. Heart and lung disease and hypertension arising out of and in the course of employment are deemed to be occupational diseases (§ 50-6-301).
JURISDICTION
TN will allow: 1) contract of hire is in Tennessee; 2) employment is principally localized in Tennessee (§ 50-6-115).
FIRST DAY OF DISABILITY
Starts with the 8th day unless the employee loses a total of 14 days whether consecutive or not and if so compensation is due for all lost days.
MEDICAL TREATMENT
Medical services ordered by the authorized physician made reasonably necessary by the injury and subject to statutory utilization and review (§ 50-6-204).
AVERAGE WEEKLYWAGE
Compute wages for the 52 weeks immediately preceding injury and divide by 52. Omit periods of time during which the employee missed more than 7 days during the 52 week period, if the lost time was due to illness of fortuitous events. If employee worked less than one year, divided by the number of weeks actually worked or determine average weekly wage based upon the wages of a similarly situated employee (§ 50-6-102(a)(1)(A)).
COMPENSATIONRATE
2/3 of average weekly wage not to exceed the state maximum comp rate.
CLINCHER/FULL ANDFINAL
Clincher settlements allowed closing all benefits and medical. Require approval by court or Department of Labor.
PHYSICAL EXAM
Injured employee must submit to examination by employer’s physician at all reasonable times. Employer bears the cost of examination (§ 50-6-204(d)(1)).
Schedule of Disabilities
Hand
150
Arm
200
2 Arms
400
Thumb
60
1st Finger( Index)
35
2nd Finger (Middle)
30
3rd Finger (Ring)
20
4th Finger (Little)
15
Leg
2 Legs
Foot
125
2 Feet
Great Toe
Other Toe
10
Eye
100
2 Eyes
Ears (loss to hearing system)
Mental Faculties (psych)
Body as a whole
Body as a Whole (BAW) *
400/or benefits until age 65 / by age eligible for social security retirement.
BAW over age 60
260
*Back, neck, shoulder, 3 or more members are BAW Benefits
Medical
Lifetime, reasonable and necessary and subject to utilization and review.
Temp. Total Disability (TTD)
66-2/3 of average weekly wage subject to maximum total benefit (currently $247,200.00).
Temp. Partial Disability (TPD)
66-2/3 of the difference between hourly wage and altered duty status wage.
Perm. Partial Disability (PPD)
Benefit rate times vocational disability limited by schedule.
Perm. Total Disability (PTD)
Disability compensation until eligible “by age” for social security retirement with lifetime medical. Must be BAW case.
Mileage/Travel Expenses
Available when employee is required to travel 15 miles from residence or workplace and to be compensated at no less than $.32 per mile.
Death/Dependence
Burial expenses, $7,500.00. If no dependents, $20,000.00 to estate. Dependents entitled to benefits during term of dependency not to exceed 400 weeks. Rate of payment varies based on number of dependents.
Second Injury Fund
Available in cases of PTD if employer has knowledge of prior disability. Available in PPD or PTD if there has been a prior award and combination of awards exceeds 100% to BAW.
Subrogation
Third party claims allowed. Lien is reduced by pro-rata share of reasonable fee for employee’s attorney, usually 1/3 and pro-rata share of expenses in third party action. No subrogation against uninsured motorist proceeds. Credit against future medical from subrogation recovery is not currently available.
Medical Records
Upon written request; 20 pgs. or less in length ($10.00); reports exceeding 20 pgs. additional $.25 per page (§ 50-6-204)
Penalties/Fees
Causing medical or wage loss claim to be paid under health, sickness or accident insurance
$500 civil penalty
(§ 50-6-128)
Failure in bad faith to pay TTD benefits
25% of TTD claim awarded
(§ 50-6-225(j))
Failure to provide reasonable and necessary medical treatment or failure to reimburse employee
Failure to pay or reimburse medical expenses after judgment entered and within 60 days of demand
25% of unpaid expenses if refusal not in good faith (§ 50-6-225(l))
Failure to pay or reimburse reasonable and necessary medical expenses after judgment entered
Pmt. of employee’s attorneys fees in obtaining medical benefit and disc. costs
(§ 50-6-204(b)(2))
Failure to provide a person with authority at DOL mediation
Not less than $50 nor more than $5,000
(§ 50-6-237(c))
Failure to pay PPD or TTD when due
6% on unpaid installments
(§ 50-6-205(b)(3))
Failure to comply with order of DOL specialist within 15 calendar days of receipt of order
$10,000
(§ 50-6-238(d)(1))
Failure to file 1st Report
$25 plus $25 for each subsequent 15 day period delay (Claim Handling Standards DOL)
Failure to notify Director of DOL of first payment
$10 each 15 days past required date of payment until notice received (Claim Handling Standards DOL)
Failure to pay first payment
$50 each 15 day period past required date payment is due until payment made
(Claim Handling Standards DOL)
Failure to notify Director of a denial of benefits
$10 each 15 day period past date of denial until notice received (Claim Handling Standards DOL)
Failure to pay benefits at least semi-monthly
$50 each 15 days past the date payment is due (Claim Handling Standards DOL)
Failure to provide notice of change of benefits
$10 for each 15 day period past date on which change or stop occurred for failure to file Form C-26 (Claim Handling Standards DOL)
State Forms (C Forms)
SD-1
Statistical Data Form
C-20
1st Report of Injury
C-21
Mo. Rpt. of Non-Compensable Injuries/Diseases
C-22
Not. 1st Pmt. of Compensation
C-23
Not. Denial of Claim for Compensation
C-26
Not. Change or Term. of Compensation Benefits
C-27
Not. of Controversy
C-28
Not. of Lawsuit
C-29
Final Rpt. of Pmt. and Receipt of Compensation
C-30
Attending Physician’s Rpt.
C-30A
Final Medical Rpt.
C-31
Medical Waiver and Consent
C-32
Std. Form Med. Rpt. for Industrial Injuries
C-33
Case Management Notification
C-34
Case Management Closure
C-35
Utilization Review Notification
C-36/C-37
Utilization Review Closure
C-38
Case Manager Registration
C-39
Provider Registration for Utilization Review
C-40
Request for Assistance
C-41
Wage Statement
C-42
Agrt. Between Employer/Employee-Choice of Physician
Defenses
Notice
Statute of limitations
Lack of causation - not arising out of or in course of employment. Arising out of refers to causal connection to work. Course of employment refers to time and place of accident. Recreational, break or lunch activities are within course of employment if within the hours of work and on the premises or otherwise determined to be a regular incident of employment and produce a benefit to the employer
Intoxication
Intentional self-inflicted injury
Willful failure to use safety devices or follow safety procedures
Horseplay
Unauthorized medical expenses
Misrepresentation on employment application