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TN Senate Speakers Signs Bill For Handling Future WC Disputes After Judgement

16 Apr, 2010 WorkersCompensation.com

                               Nashville, TN (CompNewsNetwork) - The Tennessee Senate Speaker signed Senate Bill 3731. Under present law, in an emergency, or on account of the employer's failure or refusal to provide the medical care and services required by the workers' compensation law, an injured employee or the injured employee's dependents are authorized to provide the medical care and services, and the cost of the medical care and services, not exceeding $300, must be borne by the employer; however, the pecuniary liability of the employer is limited to the charges for the service that prevail in the community where the services are rendered. Any case of dispute as to the value of the services must be determined by the tribunal having jurisdiction of the matter of compensation to the employee.

This bill requires that disputes concerning medical treatment for a workers' compensation claim that has been resolved by settlement or judgment with open medical coverage for the employee must be submitted to a department of labor workers' compensation specialist rather than having a court resolve such issues. Either party will be authorized to appeal the specialist's decision by appeal to the trial court or by request for administrative review by the department.

ON MARCH 25, 2010, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 3731, AS AMENDED.

AMENDMENT #1 clarifies that judges who hear appeals of workers' compensation specialists' determinations concerning requests for assistance to provide medical coverage that has been denied by the employer have the same authority that present law provides to trial judges to order attorney fees and reasonable costs, including reasonable and necessary court reporter expenses and expert witness fees for depositions, when conducting a hearing on such an issue.

ON APRIL 5, 2010, THE HOUSE SUBSTITUTED SENATE BILL 3731 FOR HOUSE BILL 3582, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 3731, AS AMENDED.

AMENDMENT #2 removes the provisions of Senate Amendment #1 and extends to workers' compensation specialists who hear requests for assistance to provide medical coverage that has been denied by the employer the same authority that present law provides to trial judges to order attorney fees and reasonable costs, including reasonable and necessary court reporter expenses and expert witness fees for depositions, when conducting a hearing on such an issue.

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