reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-135 - Medical advisory committee

(a)
(1)
The administrator shall appoint a medical advisory committee comprised of practitioners in the medical community having experience in the treatment of workers' compensation injuries, representatives of the insurance industry, employer representatives, and employee representatives to assist the administrator in the development of treatment guidelines and advise the administrator on issues relating to medical care in the workers' compensation system.
(2)
The medical director shall serve as a nonvoting ex-officio member of the committee.
(b)
In making appointments, the administrator shall strive to achieve a geographic balance and, in the case of the physician members of the committee, shall assure, to the extent possible, that the membership of the committee reflects the diversity of specialties involved in the medical treatment and management of workers' compensation claimants.
(c)
Members of the committee shall serve without compensation but, when engaged in the conduct of their official duties as members of the committee, shall be entitled to reimbursement for travel expenses in accordance with uniform regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
Each member appointed shall serve a term of four (4) years and may be reappointed by the administrator. If a member leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term.
Added by 2013 Tenn. Acts, ch. 289,s 24, eff. 7/1/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-201 - Notice of injury

(a)
(1)
Every injured employee or the injured employee's representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has no actual notice, written notice of the injury, and the employee shall not be entitled to physician's fees or to any compensation that may have accrued under this chapter, from the date of the accident to the giving of notice, unless it can be shown that the employer had actual knowledge of the accident. No compensation shall be payable under this chapter, unless the written notice is given to the employer within fifteen (15) days after the occurrence of the accident, unless reasonable excuse for failure to give the notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented.
(2)
The notice of the occurrence of an accident by the employee required to be given to the employer shall state in plain and simple language the name and address of the employee and the time, place, nature, and cause of the accident resulting in injury or death. The notice shall be signed by the claimant or by some person authorized to sign on the claimant's behalf, or by any one (1) or more of the claimant's dependents if the accident resulted in death to the employee.
(3)
No defect or inaccuracy in the notice shall be a bar to compensation, unless the employer can show, to the satisfaction of the workers' compensation judge before which the matter is pending, that the employer was prejudiced by the failure to give the proper notice, and then only to the extent of the prejudice.
(4)
The notice shall be given personally to the employer or to the employer's agent or agents having charge of the business at which the injury was sustained by the employee.
(b)
In those cases where the injuries occur as the result of gradual or cumulative events or trauma, then the injured employee or the injured employee's representative shall provide notice of the injury to the employer within fifteen (15) days after the employee:
(1)
Knows or reasonably should know that the employee has suffered a work-related injury that has resulted in permanent physical impairment; or
(2)
Is rendered unable to continue to perform the employee's normal work activities as the result of the work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities.
Acts 1919, ch. 123, § 22; Shan. Supp., § 3608a171; Code 1932, § 6872; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1001; Acts 2001, ch. 219, § 1; 2006, ch. 1014, § 3; 2013, ch. 289, § 29; 2016, ch. 1056, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-202 - Electronic submission and processing of medical bills

(a)
On or after July 1, 2014, the administrator, in cooperation with the commissioner of commerce and insurance, shall adopt rules regarding the electronic submission and processing of medical bills by health care providers to insurance carriers.
(b)
Insurance carriers shall accept medical bills submitted electronically by health care providers in accordance with the administrator's rules.
(c)
The administrator shall establish by rule the criteria for granting exceptions to insurance carriers and health care providers who are unable to submit or accept medical bills electronically.
Acts 1919, ch. 123, § 23; Shan. Supp., § 3608a172; Code 1932, § 6873; T.C.A. (orig. ed.), § 50-1002; Acts 2013, ch. 289, § 30.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-206 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 46, eff. 7/1/2014.
Acts 1919, ch. 123, § 27; Shan. Supp., § 3608a176; Code 1932, § 6877; Acts 1945, ch. 149, § 2; 1947, ch. 139, § 5; C. Supp. 1950, § 6877; Acts 1969, ch. 123, § 1; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 479, § 1; 1981, ch. 488, § 4; T.C.A. (orig. ed.), § 50-1006; Acts 1983, ch. 217, §§ 1, 2; 1996, ch. 944, § 14; 1999, ch. 520, § 41; 2002, ch. 695, § 4; 2004, ch. 962, §§ 3, 4, 48; 2011 , ch. 416, §§ 3 - 6.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-209 - Maximum compensation

(a)
In all cases of permanent total disability of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid, subject to maximum compensation as follows: where there are or are not persons dependent upon each injured employee, the maximum weekly benefit per week.
(b)
(1)
In all cases of death of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid in cases where the deceased employee leaves dependents, subject to the maximum weekly benefit.
(2)
In all cases of death of an employee covered by this chapter, and where the employee leaves no dependents, as provided in §
50-6-210
, then the lump sum amount of twenty thousand dollars ($20,000) shall be paid to the estate of the deceased employee.
(3)
The total amount of compensation payable under this subsection (b) shall not exceed the maximum total benefit exclusive of medical, hospital and funeral benefits.
Acts 1923, ch. 84, § 1; Shan. Supp., §§ 3608a178, 3608a179; Acts 1927, ch. 40, § 1; mod. Code 1932, §§ 6879-6881; Acts 1941, ch. 90, §§ 6, 7; 1947, ch. 139, §§ 7-9; 1949, ch. 277, §§ 4-6; C. Supp. 1950, §§ 6879-6881; Acts 1953, ch. 111, §§ 3-5; 1955, ch. 182, §§ 6-8; 1957, ch. 270, §§ 4-6; 1959, ch. 172, §§ 7-9; 1963, ch. 362, § 1; 1965, ch. 158, § 1; 1967, ch. 313, §§ 1, 2; 1969, ch. 196, §§ 1, 2; 1971, ch. 134, §§ 1, 2; 1973, ch. 379, §§ 7, 8; 1974, ch. 617, §§ 3-5; 1975, ch. 86, §§ 3-5; 1977, ch. 354, §§ 3-5; 1979, ch. 365, §§ 3-5; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 607, §§ 6-8; 1980, ch. 650, § 2; 1981, ch. 333, §§ 6-8; 1982, ch. 880, §§ 6-8; T.C.A. (orig. ed.), §§ 50-1008, 50-1010, 50-1011; Acts 1985, ch. 393, § 12; 1999, ch. 404, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-211 - Contribution to payment of compensation by two or more employers - Agreement between employers

(a)
In case any employee for whose injury or death compensation is payable under this chapter, shall, at the time of injury, be employed and paid jointly by two (2) or more employers subject to this chapter, the employers shall contribute to the payment of the compensation in a proportion of their several wage liability to the employee.
(b)
If one (1) or more, but not all, of the employers are subject to this chapter, and otherwise subject to liability for compensation under this chapter, then the liability of those who are so subject shall be to pay the proportion of the entire compensation that their portion of the wage liability bears to the wages of the employee; provided, that nothing in this section shall prevent any agreement between the different employers between themselves as to the distribution of the ultimate burden of the compensation.
Acts 1919, ch. 123, § 29; Shan. Supp., § 3608a180; Code 1932, § 6882; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1012.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-212 - Hernia or rupture

(a)
In all claims for compensation for hernia or rupture, resulting from injury by accident arising primarily out of and in the course and scope of the employee's employment, it must be definitely proven to the satisfaction of the court that:
(1)
There was an injury resulting in hernia or rupture;
(2)
The hernia or rupture appeared suddenly;
(3)
It was accompanied by pain;
(4)
The hernia or rupture immediately followed the accident; and
(5)
The hernia or rupture did not exist prior to the accident for which compensation is claimed.
(b)
All hernia or rupture, inguinal, femoral or otherwise, so proven to be the result of an injury by accident arising primarily out of and in the course and scope of the employment, shall be treated in a surgical manner by a radical operation. If death results from the operation, the death shall be considered as the result of the injury, and compensation paid in accordance with this chapter.
(c)
(1)
In case the injured employee refuses to undergo the radical operation for the cure of the hernia or rupture, no compensation will be allowed during the time the refusal continues.
(2)
If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court finds it unsafe for the employee to undergo the operation, the employee shall be paid compensation in accordance with this chapter.
Acts 1941, ch. 90, § 10; C. Supp. 1950, § 6892.1 (Williams, § 6892a); T.C.A. (orig. ed.), § 50-1009; Acts 2013, ch. 289, §§ 57, 58.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-213 - Epileptics - Election not to be covered by certain provisions - Revocation

(a)
Epileptics may elect not to be subject to this part for injuries resulting because of epilepsy and still remain subject to its provisions for all other injuries.
(b)
This election shall be made by giving notice to the employer in writing on a form to be furnished by the bureau of workers' compensation and filing a copy of the notice with the bureau.
(c)
An election may be revoked by giving written notice to the employer of revocation, and the revocation shall be effective upon filing copy of the notice with the bureau.
Acts 1977, ch. 223, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-1029.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-214 - Responsibility for payment of benefits and loss adjustment expenses between insurance carrier and self-insured employer

(a)
The administrator or the administrator's designee shall order appropriate workers' compensation benefits and loss adjustment expenses associated with the claim to be paid on an equal basis by the insurance carrier or carriers and the self-insured employer, as appropriate, in any case where:
(1)
(A)
An employer changes insurance carriers;
(B)
The employer having been self-insured, becomes insured; or
(C)
The employer having been insured, is approved to be self-insured; and
(2)
One (1) of the following applies:
(A)
The compensability of the claim is not being disputed by the employer or carrier; or
(B)
A workers' compensation judge has determined the claim to be compensable or ordered the provision of benefits to an employee; and
(3)
There is a dispute as to which entity is responsible to provide workers' compensation benefits to a worker.
(b)
Upon an agreement by the parties or a court order as to which entity is responsible to pay the workers' compensation benefits to the employee, the entity responsible for the provision of workers' compensation benefits shall reimburse the other entity all moneys paid for or on behalf of the employee as ordered by the administrator or the administrator's designee, plus interest from the date of payment at the rate set by §
47-14-121
.
Acts 2007, ch. 378, § 1; 2013, ch. 282, §§ 1, 7.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-219 - Education and training program for workers' compensation mediators, judges, chief judge, ombudsman and judges of the workers' compensation appeals board

The administrator shall institute and maintain an education and training program for workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, and the judges of the workers' compensation appeals board in order to assure that these persons maintain current and appropriate skills and knowledge in performing their duties. Before assuming their duties, all persons selected to serve or appointed as workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, or as judge of the workers' compensation appeals board shall be provided formal training and education, which shall include training on the department's workers' compensation system, the Tennessee workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation. In addition, such persons shall attend at least seven (7) hours of training each year that is focused on workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation.
Added by 2013 Tenn. Acts, ch. 289,s 83, eff. 7/1/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-221 - Receipts for payments

(a)
Whenever payment of compensation is made to a surviving spouse for the surviving spouse's use, or for the surviving spouse's use and the use of a child or children, the written receipt of the payment by the surviving spouse shall acquit the employer in this and all other jurisdictions of the entire injury and all its damages.
(b)
Whenever payment is made to any person eighteen (18) years of age or over, the written receipt of the person shall acquit the employer in this and all other jurisdictions of the entire injury and all its damages.
(c)
(1)
Whenever payment is made to a person under eighteen (18) years of age, or to a dependent child as defined in §
50-6-210(b)
over eighteen (18) years of age, the payment shall be paid to a duly and regularly appointed guardian or trustee of the child, and the receipt of the guardian or trustee shall acquit the employer in this and all other jurisdictions of the entire injury and all its damages and shall be in lieu of any claim of the parents of the child or minor for loss of services.
(2)
Where the amount of compensation due a person under eighteen (18) years of age does not exceed the sum of two hundred fifty dollars ($250), the court may, in its discretion, direct the amount of compensation due the minor be paid as provided by title 34, chapter 1.
Acts 1919, ch. 123, § 7; Shan. Supp., § 3608a156; Code 1932, § 6858; Acts 1947, ch. 139, § 3; C. Supp. 1950, § 6858; T.C.A. (orig. ed.), § 50-1014; Acts 1997, ch. 368, §§ 1 - 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-222 - Preference or priority of rights of compensation

All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor.
Acts 1919, ch. 123, § 17; Shan. Supp., § 3608a166; Code 1932, § 6868; Acts 1972, ch. 699, § 4; T.C.A. (orig. ed.), § 50-1015.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-223 - Exemption and nonassignability of compensation claims - Exceptions to nonassignability

(a)
No claim for compensation under this chapter shall be assignable, and all compensation and claims for compensation shall be exempt from claims of creditors.
(b)
Notwithstanding subsection (a), compensation made by periodic payments shall be subject to income assignment for payment of support as provided by title 36, chapter 5, part 5 and §
50-2-105
.
(c)
Notwithstanding subsection (a), the department of human services shall have a lien on any lump-sum settlements for the collection of current or overdue support as defined by §
36-5-113
, and may enforce the lien as provided by title 36, chapter 5, part 9.
Acts 1919, ch. 123, § 17; Shan. Supp., § 3608a167; Code 1932, § 6869; T.C.A. (orig. ed.), § 50-1016; Acts 1991, ch. 224, § 1; 1998, ch. 1098, § 61.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-224 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 59, eff. 7/1/2014.
Acts 1919, ch. 123, § 31; Shan. Supp., § 3608a182; Acts 1927, ch. 40, § 4; Code 1932, § 6884; Acts 1947, ch. 139, § 11; C. Supp. 1950, § 6884; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1017; Acts 1999, ch. 520, § 41; 2004, ch. 962, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-227 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 65, eff. 7/1/2014.
Acts 1919, ch. 123, § 34; Shan. Supp. § 3608a184; Code 1932, § 6888; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1021; Acts 2004, ch. 962, § 17.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-228 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 66, eff. 7/1/2014.
Acts 1919, ch. 123, § 35; Shan. Supp., § 3608a185; Acts 1927, ch. 40, § 5; Code 1932, § 6889; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1022; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-229 - Commutation to lump sum payment with consent of court

(a)
The amounts of compensation payable periodically under this chapter may be commuted to one (1) or more lump sum payments. These may be commuted upon motion of any party subject to the approval of the court of workers' compensation claims. No agreed stipulation or order or any agreement by the employer and employee or any other party to the proceeding shall be a prerequisite to the court's approval or disapproval of the award being paid in one (1) or more lump sum payments. In making the commutation, the lump sum payment shall, in the aggregate, amount to a sum of all future installments of compensation. No settlement or compromise shall be made except on the terms provided in this chapter. In determining whether to commute an award, the trial court shall consider whether the commutation will be in the best interest of the employee, and the court shall also consider the ability of the employee to wisely manage and control the commuted award, regardless of whether special needs exist. Attorneys' fees may be paid as a partial lump sum from any award when approved and ordered by the trial judge.
(b)
All settlements of compensation by agreement of the parties and all awards of compensation made by the court of workers' compensation claims, when the amount paid or to be paid in settlement or by award does not exceed the compensation for twenty-six (26) weeks of disability, shall be final and not subject to readjustment.
(c)
All amounts paid by the employer and received by the employee or the employee's dependents, by lump sum payments, shall be final, but the amount of any award payable periodically for more than twenty-six (26) weeks may be modified as follows:
(1)
At any time by agreement of the parties and approval by the court; or
(2)
If the parties do not agree, then at any time after twenty-six (26) weeks from the date of the award, either party may file an application to the court of workers' compensation claims, on the ground of increase or decrease of incapacity due solely to the injury.
Acts 1919, ch. 123, § 36; Shan. Supp., § 3608a186; Code 1932, § 6890; Acts 1947, ch. 139, § 12; C. Supp. 1950, § 6890; Acts 1971, ch. 300, § 2; 1979, ch. 295, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1023; Acts 1983, ch. 217, § 5; 1985, ch. 393, § 16; 1990, ch. 843, § 1; 1992, ch. 900, § 25; 1999, ch. 520, § 41; 2013, ch. 289, §§ 67, 68; 2016, ch. 816, § 7.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-230 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 69, eff. 7/1/2014.
Acts 1919, ch. 123, § 37; Shan. Supp., § 3608a187; Code 1932, § 6891; T.C.A. (orig. ed.), § 50-1024.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-231 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 70, eff. 7/1/2014.
Acts 1919, ch. 123, § 38; Shan. Supp., § 3608a188; Code 1932, § 6892; T.C.A. (orig. ed), § 50-1025.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-232 - Present value of future installments - Deposit in trust releasing employer - Trustee to make payments

(a)
Any time after the amount of any award has been agreed upon by the parties, or found and ordered by the court, a sum of all future installments of compensation may, where death or the nature of the injury renders the amount of future payments certain, by leave of court, be paid by the employer to any savings bank or trust company of this state to be approved and designated by the court, and the sum, together with all interest on the sum, shall be held in trust for the employee or the dependents of the employee who shall have no further recourse against the employer.
(b)
The payment of the sum by the employer evidenced by the receipts of the trustee, which shall be filed with the bureau, shall constitute satisfaction of the award by the employer.
(c)
Payments from the fund shall be made by the trustee in the same amounts and at the same time as are required of the employer until the fund interest is exhausted.
(d)
In the appointment of the trustee, preference shall be given, in the discretion of the court of workers' compensation claims, to the choice of the injured employee or the dependent of the deceased employee, as the case may be.
Acts 1919, ch. 123, § 39; impl. am. Acts 1923, ch. 7, §§ 55, 56; Shan. Supp., § 3608a189; Code 1932, § 6893; Acts 1971, ch. 300, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1026; Acts 1985, ch. 393, § 21; 2013, ch. 289, §§ 71, 72; 2015, ch. 341, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-233 - Enforcement powers of administrator - Promulgation of rules and regulations to implement chapter

(a)
(1)
There is conferred upon the administrator the power to enforce this chapter that relate to the assurance of payments of the awards under this chapter.
(2)
In no event shall the bureau of workers' compensation charge a fee or impose a cost for any necessary or required forms needed to process a workers' compensation claim.
(b)
In addition to the rulemaking authority granted in §
50-6-118
, and subsection (a), the administrator or the commissioner of commerce and insurance, as appropriate, may promulgate rules and regulations implementing this chapter. The rules and regulations shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1919, ch. 123, § 46; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a196; Code 1932, § 6900; Acts 1941, ch. 90, § 12; C. Supp. 1950, § 6900; Acts 1972, ch. 699, § 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1028; Acts 1983, ch. 215, § 3; 1992, ch. 900, § 3; 1999, ch. 242, § 2; 1999, ch. 265, § 3; 1999, ch. 520, § 41, 2006, ch. 687, § 1; 2013, ch. 289, § 73; 2015, ch. 341, § 15; 2017, ch. 344, § 8.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-234 - Discontinuance or change in temporary disability benefits by employer - Resumption or increase of benefits

(a)
In any case when the employer has commenced paying temporary disability benefits to the employee and has then stopped or changed the benefits for any cause other than failure of an employee to submit to employer requests for reasonable medical examinations by the treating physician or final settlement, the employee may request the assistance of a workers' compensation mediator who shall mediate the dispute, in accordance with §
50-6-236
. If the dispute is not resolved by agreement, the parties may submit the dispute to a workers' compensation judge for resolution after the workers' compensation mediator has issued a dispute certification notice in accordance with §
50-6-236
.
(b)
After temporary disability payments have commenced, when the injured employee reaches maximum medical improvement and the compensability of the injury has not been contested by the employer, then payments shall continue until the injured employee accepts or rejects a job offered by any employer at a wage equal to or greater than the employee's pre-injury wage, if the employee is able to perform the duties of the position within any restrictions placed on the employee by the physician selected pursuant to §
50-6-204
. In no case may temporary payments pursuant to this subsection (b) exceed the lesser of sixty (60) days or the value of the employee's permanent partial disability award calculated solely upon the medical impairment; provided, that these limits may be exceeded if agreed to by all parties. The amount of the payment shall be credited against any permanent award. For purposes of this subsection (b), the determination of attainment of maximum medical improvement and the employee's medical impairment shall be made by the physician selected in accordance with §
50-6-204
. Nothing in this subsection (b) shall require an employer to return any employee to work.
Acts 1990, ch. 656, § 1; 1996, ch. 944, § 21; 2006, ch. 1014, § 4; 2013, ch. 289, § 74.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-237 - Court of workers' compensation claims

There is created the court of workers' compensation claims in the bureau of workers' compensation, which shall have original and exclusive jurisdiction over all contested claims for workers' compensation benefits when the date of the alleged injury is on or after July 1, 2014. The administrator shall have sole administrative authority over the court including authority to appoint, and to remove, workers' compensation judges. The administrator shall promulgate rules and regulations consistent with this chapter in order to fulfill the purposes of this chapter in an orderly and efficient manner.
Acts 1992, ch. 900, § 12; 2001, ch. 244, § 1; 2007, ch. 513, § 2; 2013, ch. 289, § 78; 2015, ch. 341, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-243 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 91, eff. 7/1/2014.
Acts 1992, ch. 1002, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-245 - Judgments with multiple findings and separate awards

(a)
If following a civil action in a workers' compensation case filed pursuant to §
50-6-225
, the court enters a judgment or decree that includes multiple findings with separate awards of payment to the employee, the following shall apply:
(1)
If the employer, insurer or employee appeals one (1) or more of the findings but not all, any payments owed to the employee as the result of a finding not appealed shall be due and payable to the employee when the time for appealing the judgment or decree has expired;
(2)
If the employer, insurer or employee appeals more than one (1) of the findings and the supreme court grants permission to appeal as to at least one (1) of the findings appealed but not all, any payments owed to the employee as the result of a finding not appealed or for which permission to appeal was not granted shall be due and payable to the employee when the time for appealing the judgment or decree has expired.
(b)
(1)
When the time for filing an appeal has expired under subdivision (a)(1), the court, unless in its discretion it determines otherwise, shall enter final judgment pursuant to Rule 54.02 of the Rules of Civil Procedure as to all findings not appealed.
(2)
When the time for filing an appeal has expired under subdivision (a)(2), the supreme court, unless in its discretion it determines otherwise, shall issue a mandate pursuant to Rule 42 of the Rules of Appellate Procedure as to all findings for which permission to appeal was not granted.
Acts 2000, ch. 738, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 2 - CLAIMS AND PAYMENT OF COMPENSATION (§§ 50-6-201 — 50-6-246) › Section 50-6-246 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 92, eff. 7/1/2014.
Acts 2002, ch. 523, § 3; 2008 , ch. 1183, § 8.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-301 - Reserved

Repealed by 2013 Tenn. Acts, ch. 289, s 93, eff. 7/1/2014.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1959, ch. 172, § 12; 1969, ch. 60, § 1; 1971, ch. 134, § 5; 1973, ch. 122, § 1; 1977, ch. 339, §§ 2, 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1101; Acts 2011 , ch. 416, § 9.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-302 - Retroactivity - Coal worker's pneumoconiosis, effect of federal law

(a)
An occupational disease that an employee had on March 12, 1947, shall not be covered under this chapter. An employee has an occupational disease within the meaning of this chapter if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease. In every suit for compensation benefits, the burden shall be on the employee to prove that the employee did not have, as of that date, the occupational disease for which the employee is seeking compensation.
(b)
In considering whether an employee has the occupational disease of coal worker's pneumoconiosis and is totally disabled or dies from coal worker's pneumoconiosis, all the presumptions, criteria and standards contained in or promulgated by reason of the federal Coal Mine Health and Safety Act of 1969 (Pub. L. No. 91-173, compiled in
30 U.S.C. § 901
et seq.), specified as the basis for determining eligibility of applicants for benefits because of the disease or its effects shall be used and be applicable under this chapter, and where in a proceeding under this chapter for benefits it is determined the employee or the employee's dependents would be entitled to benefits under the federal Coal Mine Health and Safety Act of 1969, and the Black Lung Benefits Act of 1972 (Pub. L. No. 92-303, compiled in
30 U.S.C. § 901
et seq.), the employee or the employee's dependents by reason of the determination shall be considered totally disabled from coal worker's pneumoconiosis and its effects, under this chapter the same as if the employee, or the employee's dependents, establishes the right to recover benefits based upon a total disability from coal worker's pneumoconiosis, or death by reason of coal worker's pneumoconiosis under the laws of this state.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 4; 1980, ch. 739, § 1; T.C.A. (orig. ed.), § 50-1102.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-303 - Compensation and benefits

(a)
(1)
When the employer and employee are subject to this chapter, the partial or total incapacity for work or the death of an employee resulting from an occupational disease as defined in [former] §
50-6-301
[Applicable only to injuries occurring prior to July 1, 2014. See the Compiler's Notes.], shall be treated as the happening of an injury by accident or death by accident, and the employee, or in case of the employee's death, the employee's dependents, shall be entitled to compensation as provided in this chapter.
(2)
An employee who has an occupational disease shall be entitled to the same hospital, medical and miscellaneous benefits as an employee who has a compensable injury by accident, and, in the event of death, the same funeral benefit shall be paid as in the case of death from a compensable accident.
(b)
(1)
An employee totally disabled due to coal workers' pneumoconiosis shall be paid benefits during disability as provided for by the federal Coal Mine Health and Safety Act of 1969 (
30 U.S.C. § 901
et seq.).
(2)
In accordance with the federal Coal Mine Health and Safety Act of 1969, if the employee has one (1) or more dependents, the payments shall be increased fifty percent (50%) of such payments for the first dependent, seventy-five percent (75%) for two (2) dependents, and one hundred percent (100%) for three (3) or more dependents.
(3)
In case of death of an employee receiving benefits under this chapter, benefits shall be paid to that employee's surviving spouse and any dependents in the same manner provided in the federal Coal Mine Health and Safety Act of 1969, as applicable to employees suffering from coal workers' pneumoconiosis.
(4)
Benefits paid under this subsection (b) shall not be subject to the maximum compensation limitations set forth in §§
50-6-205
,
50-6-207(1), (3) and (4)
,
50-6-209
,
50-6-210(e)(10)
or any other sections of this chapter, but the maximum compensation limitations shall be controlled exclusively by the maximum compensation benefits and limitations established under the federal Coal Mine Health and Safety Act of 1969, as applicable to employees suffering from coal workers' pneumoconiosis.
(5)
The minimum compensation limitations for employees suffering from coal workers' pneumoconiosis shall be no less than those set forth in the federal Coal Mine Health and Safety Act of 1969.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 5; 1972, ch. 699, § 6; 1975, ch. 210, § 1; 1977, ch. 339, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1105; Acts 1985, ch. 325, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-304 - Last employer liable

When an employee has an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease, and the employer's insurance carrier, if any, at the time of the exposure, shall alone be liable, for the occupational disease, without right to contribution from any prior employer or insurance carrier.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1977, ch. 339, § 4; T.C.A. (orig. ed.), § 50-1106.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-305 - Notice of contraction of disease and claim for compensation

(a)
Within thirty (30) days after the first distinct manifestation of an occupational disease, the employee, or someone in the employee's behalf, shall give written notice thereof to the employer in the same manner as is provided in the case of a compensable accidental injury.
(b)
This section shall not apply to claims for total disability or death due to or resulting from an asbestos-related disease or coal worker's pneumoconiosis.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 6; T.C.A. (orig. ed.), § 50-1107; Acts 1997, ch. 177, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-306 - Statute of limitations

(a)
The right to compensation for an occupational disease or a claim for death benefits as a result of an occupational disease shall be forever barred, unless a claim is initiated pursuant to §
50-6-203
; provided, however, that the applicable time limitation period or periods shall commence as of the date of the beginning of the incapacity for work resulting from an occupational disease or upon the date death results from the occupational disease; provided, further, that if upon the date of the death of the employee the employee's claim has become barred, the claim of the employee's dependent or dependents shall likewise be barred, and in that case the claim shall be barred whether or not the employer gives the notice required by §
50-6-224(2)
[Applicable only to injuries occurring prior to July 1, 2014. See the Compiler's Notes.].
(b)
A claim for benefits or death due to coal worker's pneumoconiosis shall be timely filed if the claim is instituted pursuant to §
50-6-203
within three (3) years of the discovery of total disability or the date of death, as the case may be.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 7; T.C.A. (orig. ed.), § 50-1108; Acts 2004, ch. 962, § 21.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 3 - OCCUPATIONAL DISEASES (§§ 50-6-301 — 50-6-307) › Section 50-6-307 - Waiver of compensation for aggravation of condition

(a)
(1)
When an employee, or prospective employee, though not incapacitated for work, is found to be affected by or susceptible to a specific occupational disease, the employee or prospective employee may, subject to the approval of the workers' compensation bureau of the department of labor and workforce development, be permitted to waive in writing compensation for any aggravation of the employee's or prospective employee's condition that may result from the employee's or prospective employee's working or continuing to work in the same or similar occupation for the same employer or for another employer; provided, that this provision shall not apply to specific occupational diseases on which waivers are prohibited by the federal Coal Mine Health and Safety Act of 1969 (
30 U.S.C. § 901
et seq.).
(2)
All provisions of this chapter, with respect to accidents shall be applicable to the coverage provided in this part for occupational diseases, except as otherwise provided in this part.
(b)
When an employee or prospective employee has a prior history of heart disease, heart attack or coronary failure or occlusion, the employee or prospective employee may be permitted to waive in writing compensation from the employee's or prospective employee's employer or future employer for claims growing out of an aggravation or repetition of the condition, the waiver to be evidenced by filing with the administrator a written instrument to which shall be attached a copy of a medical statement giving the prior history of the condition, and in all those cases claims for workers' compensation benefits growing out of an aggravation or repetition of the condition by the employee or the employee's dependents shall be barred.
(c)
No employer shall require the execution of a waiver by any employee who was at work on March 17, 1961, unless the employee subsequently suffers a heart condition.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1961, ch. 339, § 1; 1972, ch. 699, § 7; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1109; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-401 - Authority to write insurance - Tax

(a)
(1)
(A)
Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters.
(B)
For purposes of this subdivision (a)(1), "volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad.
(2)
An entity offering workers' compensation insurance shall offer coverage for members of rescue squads on similar terms and conditions as coverage available to full-time paid firefighters or emergency medical services personnel.
(b)
(1)
All insurance carriers provided for by this section shall be subject to a tax of four percent (4%) on premiums collected for workers' compensation insurance, and a surcharge of four-tenths of one percent (0.4%) of the premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in chapter 3 of this title, and this shall be in lieu of any other tax on premiums for the writing of the business of workers' compensation insurance now provided for by law.
(2)
The surcharge of four-tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees unless the employer is in the business of construction or manufacturing.
(c)
Of the funds collected pursuant to subsection (b), a sum sufficient shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to this section, and shall be paid into the subsequent injury and vocational recovery fund created in §
50-6-208
, to provide payments for the benefits provided in §
50-6-208
.
Amended by 2013 Tenn. Acts, ch. 210, s 1, eff. 4/23/2013.
Acts 1919, ch. 123, § 40; 1923, ch. 84, § 4; Shan. Supp., § 3608a190; Code 1932, § 6894; C. Supp. 1950, § 6894; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 3, 4; T.C.A. (orig. ed.), § 50-1201; Acts 1985, ch. 393, § 17; 1988, ch. 707, §§ 1, 2; 1995, ch. 449, § 1; 1997 , ch. 533, § 51.