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TN House Speaker Signs Bill 2940

07 Jun, 2010 WorkersCompensation.com

                               Nashville, TN (CompNewsNetwork) - Under present law, when an injured employee is eligible to receive any permanent partial disability benefits through workers compensation for an injury to the body as a whole, an arm, a leg, or one of various combinations of injuries and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability benefits that the employee may receive is one and one half times the medical impairment rating that is assigned by a treating or evaluating physician. An employee whose permanent partial disability benefits are capped at one and one half times the medical impairment rating may seek reconsideration of the amount of such benefits if the pre-injury employer terminates the employee without cause during the 400-week period following the employee's return to work.

Bill 2940 creates a presumption that if, at the time of settlement or hearing, the employee is making an average weekly wage equal to or greater than the average weekly wage that the employee was receiving at the time of the injury, the employee is presumed to have a meaningful return to work and the one and one half times cap applies.

ON MARCH 25, 2010, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2943, AS AMENDED.

AMENDMENT #1 rewrites this bill. Under present law:

(1) If an injured employee receives benefits for body as a whole injuries pursuant to the present law provisions described above in the bill summary and the employee is subsequently no longer employed by the pre-injury employer at the wage above within 400 weeks of the day the employee returned to work for the pre-injury employer, the employee may seek reconsideration of the permanent partial disability benefits; and
(2) If an injured employee receives benefits for schedule member injuries pursuant to the present law provisions described above in the bill summary, and the employee is subsequently no longer employed by the pre-injury employer at the wage specified, the employee may seek reconsideration of the permanent partial disability benefits. The right to seek the reconsideration extends for the number of weeks for which the employee was eligible to receive benefits, beginning with the day the employee returned to work for the pre-injury employer.

This amendment adds that employees who have had a reduction in pay or a reduction in hours due to economic conditions will not be entitled to reopen their claims if the reduction in pay or reduction in hours affected at least 50 percent of other hourly employees operating at or out of the same location.

ON MAY 10, 2010, THE HOUSE SUBSTITUTED SENATE BILL 2943 FOR HOUSE BILL 2928, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2943, AS AMENDED.

AMENDMENT #1 removes the provision of Senate Amendment #1 that states that the bill would apply to injuries that occur on or after the effective date of this bill.

ON MAY 24, 2010, THE HOUSE REQUESTED THE SENATE TO RETURN SENATE BILL 2943 TO THE HOUSE.

ON MAY 24, 2010, THE SENATE RETURNED SENATE BILL 2943 TO THE HOUSE.

ON MAY 27, 2010, THE HOUSE LIFTED THE TABLING MOTION, RECONSIDERED ITS ACTION, WITHDREW AMENDMENT #1, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2493, AS AMENDED BY AMENDMENT #2.

AMENDMENT #2 specifies that the bill would not apply to or include employees involved in layoffs, closures, or a termination of business operations.

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