Welcome to the Manier & Herod Workers' Compensation News page.
In addition to the information you can find on this page, the firm publishes a bi-monthly workers’ compensation newsletter, which is distributed to clients and other interested parties. The newsletter summarizes up-to-the-minute developments in Tennessee workers’ compensation law in both the courts and the legislature, and provides information on developments in medical and vocational testimony.
WHAT'S NEW: JULY 2010 Proposed Rules for Certification of Workers’ Compensation Adjusters in Tennessee
JULY 2010 - The Governor has signed four (4) pieces of Workers’ Compensation Legislation this year:
A. Tennessee Department of Labor Authority Expanded
Public Chapter No. 858 gives the Department of Labor workers’ compensation specialist the authority to determine whether it is appropriate to order the employer or the employer's insurer to provide medical services pursuant to a judgment or decree entered by a court following a workers’ compensation trial or pursuant to a workers’ compensation settlement agreement approved by a court or by the Department of Labor. The specialist’s authority shall include, but is not limited to, the authority to order specific medical care and treatment, medical services or medical benefits, or both, and any authority granted to a court by T.C.A. §50-6-204(b)(2) to award attorney's fees and reasonable costs that include reasonable and necessary court reporter expenses and expert witness fees or depositions. This law was intended to address the problem that arose after a Department of Labor approval when there was a dispute about specific future medical treatment. The Department of Labor did not previously have the authority to deal with the dispute and since there was never a court involved in the settlement, the employee had no option to go back to court and get a judge to resolve the dispute. This law vests significantly new authority in the Department of Labor specialists.
B. MMI date clarified when pain management is involved.
Public Chapter No. 920 clarifies the date of maximum medical improvement for purposes of temporary total disability benefits when pain management is involved. The Chapter provides that a person is conclusively presumed to be at MMI upon the earliest of the following two events: (1) at the time the treating physician concludes that the employee has reached MMI, or (2) 104 weeks after the commencement of the pain management treatment. This bill was drafted by Manier & Herod. Its purpose is to clarify the situation as to whether or not a person is at MMI when they are still being treated by a pain management doctor. Some plaintiffs’ attorneys had argued that even though the treating doctor has put the employee at MMI that they are not at MMI because they are still being treated by pain management. This bill conclusively refutes that argument.
C. Meaningful return to work clarified.
Public Chapter No. 1034 deals with problems involved when employers reach an agreement with workers regarding reduced hours or a reduction in pay when those reductions are due to economic conditions. The bill is intended to prevent employees from reopening their cases when, due to the economy, the employer has had to cut back on the hourly pay rate or cut back on the amount of hours worked. The bill excludes employees involved in lay-offs, closures, or a termination of business operations.
D. Workers' compensation requirements for construction workers.
SB3336/HB3525, Public Chapter No. 792. A bill passed in 2008 that was intended to require that all construction workers be covered by workers’ compensation. However, many solo employers complained that the coverage was too expensive. The House and Senate have agreed upon a bipartisan bill that allows sole proprietors, partners, LLC members, etc. to exempt themselves from the workers’ compensation coverage requirements. This involves specific filings with the Secretary of State’s office. The bill has been sent to the Governor for signature.
FALL 2009 - The Tennessee Department of Labor has formulated new rules for Utilization Review. These rules contain significant changes, including the provision that the physician doing the utilization review must be licensed in the state of Tennessee.
