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Please be advised the
following information is only brief information on the subjects listed below
and if you need any more information, please see your Union Workers Compensation
Representative. The intent of this page is to help enlighten workers
to some information about Tennessee's Workers Compensation Law and how it
may apply!
There has been many changes made in the Tennessee
Workers Compensation Program. For the most part, these changes will take effect
July 1, 2004. The changes I will be listing will not affect any case that was
turned in before July 1, 2004. Such
Changes are:
• The cap on awards has been lowered from 2.5
times the doctors rating down to 1.5 times if the workers returns to work on
the same job or at the same or greater rate of pay. This cap also only involves
cases where the maximum compensation rate is 200 weeks or greater. However if you are forced to either take a job in the plant with a lower rate of pay or lose your job at Goodyear completely, the caps do not apply.
• The Commissioner of Labor and Workforce Development is to establish
a comprehensive medical fee schedule to take effect on or after July 1, 2005.
• Provides for maximum temporary disability benefits to be raised on or
after July 1, 2004 through June 30, 2005 and again in July 1, 2005.
• Provides for mandatory benefit review conference for disputed cases
before the injured can get a lawyer.
• Provides for selection of independent medical examiner from the registry
to be used in disputes over doctor’s ratings.
• Case management optional for employers.
• Future Medical cannot be negotiated out in settlements until after 3
years and then under certain circumstances.
• 25% penalties on slow payment of Temporary Total Benefit payments. Employers
can be made to pay penalties for delaying payments to injured workers if payments
are not made within 20 days of the employer knowing of the injury.
• Provisions for the Second Injury Fund when the award for present injury
and prior awards exceed 100%.
• Amount of security required raised to $500,000 for self insured employers.
• Special training on provisions of Workers’ Compensation law and
AMA Guides for doctors and judges.
If any member has any questions about Workers Compensation not listed here or if you need any assistance contact Willis Hicks (your Union Workers Compensation Rep. or Glynn Carter (your Alternate Workers Compensation Rep.) at the Union Hall - Phone: 731-885-6641 Fax: 731-885-6317