TennesseeWorkers’

Compensation Handbook,

7th Edition

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Get Fast, Expert Guidance Right at your Fingertips with the All-New

The essential desk reference for Tennessee attorneys and workers’ comp claims managers

Packed with crucial compliance and practice guidance to help you manage the latest changes to Tennessee workers’ comp laws.

Your new 2015 edition covers:

• Penalties. This year’s edition includes a new chapter devoted to penalties.

• Medical panels. Get up to date with the new regulations on medical panels.

• Legislative changes. Stay current on recent legislation, such as the authority given to workers’ comp judges and revised deadlines for the Workers’ Compensation Appeals Board.

• Case law update. Learn the most significant new decisions from the Tennessee Supreme Court, the Workers’ Compensation Appeals Panels, and the Workers’ Compensation Appeals Board.

• Forms. The newest forms will be available for download at http://mleesmith.com/compforms.

To learn more visitMLeeSmith.com/tnwc-handbook

All-New 7th Edition!

Your instant-reference guide for 2015 and beyond. Try it absolutely RISK-FREE for 30 days!

The new, all-in-one

TennesseeWorkers’

CompensationHandbook,

7th Edition...

Tennessee Workers’ CompensationHandbook covers these topics:

• Coverage Issues• Compensable Injuries• Occupational

Diseases• Medical Benefits• Disability Benefits• Death Benefits• Second Injury Fund• Defenses• Penalties

• Subrogation and Third Party Actions

• Practice and Procedure

• Insurance Coverage and Related Issues

• Interaction of Tennessee Workers’ Compensation Law and Employment Law

Expertise Working for You Fredrick R. Baker is a Member in the Cookeville, Tennessee, office of Wim-berly Lawson Wright Daves & Jones, PLLC, which he joined in 2001. His law practice includes an emphasis in workers’ compensation and employ-

ment discrimination, as well as ADA and FMLA compliance. Fred is on the Advisory Board for the Tennessee Workers’ Comp Reporter. He received his Bachelor of Arts degree in Philosophy, summa cum laude, from Transylvania University and his law degree, magna cum laude, from the University of Tennessee.

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By Mail: Detach form and mail. BLR®, 100 Winners Circle, Suite 300, P.O. Box 5094, Brentwood, TN 37024-5094

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The Law in Tennessee• History, Purpose, and Future• Statutory Construction

– The Requirement of Equitable Interpretation for Injuries Prior to July 1, 2014

– Application of the Rule for Injuries Prior to July 1, 2014

– The Removal of Equitable Interpretation for Injuries on or after July 1, 2014

• Rule of Exclusivity – Generally – Application of the Rule – Limitations on the Rule

Coverage Issues• Employer-Employee Relationships

– – – Contract of Hire

• Exemptions to Coverage – Common Carriers – Casual Employees – Domestic Servants and Farm/Agricultural Laborers

– Businesses with Fewer Than Five Employees

– Governmental Entities – Volunteer Ski Patrol Persons

• Special Employment Relationships – Dual and Joint Employment – Loaned Employees – Independent Contractors – Statutory Employers – Individuals Engaged in Construction Industry

– Coverage by Agreement – Waivers

Compensable Injuries• Injury by Accident—Generally

– “Arising Out of” Employment – “In the Course of” Employment

• Particular Applications – Going to and from Work – Traveling Employees – Exposure to Elements – Personal Comfort Activities – Acts of God – Horseplay – Meal and Break Periods – Recreational Activities – Emergencies – Assaults – Idiopathic Injuries – Telecommuters –

• – Proof of Medical Causation—Generally

– Proof of Permanency – Gradual Injuries – Heart Attacks and Strokes

– Psychological and Emotional Injuries

– Hernias – Aggravation of Preexisting Conditions

– Last Injurious Injury Rule—Successive Employers and Insurance Carriers

– Subsequent Intervening Causes

Occupational Diseases• Statutory Requirements• • Aggravation of Preexisting Conditions

or Diseases – Determining When an Aggravation Has Occurred

– Waivers of Compensation for Aggravation of Occupational Disease

• Last Injurious Exposure Rule—Successive Employers and Insurance Carriers

• Notice of Contraction• Statute of Limitations• Application to Federal Black Lung

• Employer’s Rights and Obligations – Generally – Providing the Panel – Failure to Provide the Panel – Mileage Reimbursement – Emergency Treatment – Employer’s Right to Independent Medical Evaluation

– Pain Management – Settlement of Future Medical

– Penalties• Employee’s Rights and Obligations• Physician’s Obligations

– Records and Reports – Litigation – Fees and Expenses

• Reasonableness of Services and Charges

• Resolution of Disputes – Disputes over Ongoing Medical Treatment

– Disputes over Future Medical Treatment

– Disputes over Impairment Ratings – Disputes over Medical Bills

• Case Management Requirements•

and Medical Records

•

– –

– Average Weekly Wage• Temporary Total Disability

– Generally – The Period of Disability – Maximum Medical Improvement/Ability to Return to Work

– State Filing Requirements – Resolving Disputes – Enforcement of Penalties – Interaction of Temporary Disability and Unemployment Compensation

• Temporary Partial Disability• Permanent Partial Disability for

Injuries before July 1, 2014 – Scheduled Injuries – Body as a Whole Injuries – Statutory Multipliers

• Permanent Partial Disability for Injuries on or after July 1, 2014

• Permanent Total Disability – Generally – Period of Disability – – Reconsideration of Permanent Total Disability Status

• Relationship to Death Claim• •

• Generally• Presumed Dependency

– Surviving Spouse – Children under 16 Years of Age – Prima Facie Dependents

• Actual Dependency• Partial Dependency•

– No Dependents – Actual Dependents – Partial Dependents – Periodic or Lump Sum Payments – Deductions in Case of Death

•

Second Injury Fund• Purpose and Policy• Application and Apportionment

– Second Injury Fund Liability under TCA § 50-6-208(a)

– Second Injury Fund Liability under TCA § 50-6-208(b)

• Procedures and General Considerations in Claims Against the Second Injury Fund

Claims and Defenses• Notice of Injury

– Statutory Requirements – – Timeliness of Notice – Reasonable Delay or Excuse – Waiver and Estoppel

• Statute of Limitations – Statutory Requirements – Tolling the Statute – Reasonable Delay or Excuse – Waiver and Estoppel – Second Injury Fund

• Willful Misconduct and Willful Failure or Refusal to Use Safety Device

• • Intoxication or Illegal Drug Use• Willful Failure to Perform a Duty

Required by Law• Recreational Activities• Misrepresentation• Unavailable Defenses

Subrogation and Third-Party Actions• Generally

– Subrogation Liens – Employer’s Credit – Attorney’s Fees – Limitations of Actions

• Actions by Employer Against Third Party

• Third-Party Claims Against Employer – In General – What Is a “Third Party”? – Exceptions to Employer Immunity

Practice and Procedure• Jurisdiction

– Generally – Extra-Territorial Jurisdiction – Election of Remedies

• Filing Claims for Workers’

– Injuries before July 1, 2014 – Injuries after July 1, 2014

• Settlements – Injuries before July 1, 2014 – Injuries on or after July 1, 2014

• Ombudsman• Evidence and Burden of Proof

– Generally – Medical Testimony and Records – Vocational Disability –

• Attorneys’ Fees and Costs• Judgments

–and Reconsideration of Awards

– – Interest –Workers’ Compensation Specialist’s Order

– Evidence of Workers’ Compensation Specialist’s Order

• Lump Sum Awards• Appellate Review

– Injuries before July 1, 2014 – Injuries on or after July 1, 2014

Insurance Coverage and Related Issues• Coverage Requirements and Penalties

– Generally – – Policy Provisions – Premiums and Credits – Penalties –Services Provider

• Claims Management Regulations – Generally – Claim Reporting – Acceptance or Denial of Claim – Claim Investigation – – Settlement

• Safety Committees and Grants• Workers’ Compensation Fraud Act

– Generally – Remedies and Penalties – Disclosure of Information – Anti-Fraud Plans

• Drug-Free Workplace Programs – Generally – Notice and Policy Provisions – Types of Testing and Related Issues – Testing Procedures – Important Miscellaneous Testing Provisions

– – Training

• Uninsured Employers Fund

Penalties• Statutory Authority to Assess

Penalties• Procedure under the Penalty Program• Statutory and Regulatory Penalties

Interaction of Tennessee Workers’ Compensation Law and Employment Laws• Overview of Pertinent Employment

Laws – Overview of the FMLA – Overview of the Americans with Disabilities Act

• • Interplay in the Pre-Employment

Process• Interplay Between Attendance and

Leave Issues – Interaction of Workers’ Compensation and FMLA Leave

– Interaction of FMLA and ADA Leave – Interaction of ADA and Workers’ Compensation Leave

• Interplay Between Return to Work and Reinstatement Issues – – Reasonable Accommodation – Reinstatement

• Interplay in Termination Issues

The all-new 7th edition of Tennessee Workers’ Compensation Handbook is an absolute “must” for anyone dealing with the workers’ comp system in Tennessee. You get fast, clear, authoritative information whenever you need to:

• Determine the compensability of an employee’s injury —before and on or after July 1, 2014

• Resolve disputes over medical treatment, medical bills, and medical impairment

• Decrease disability leave time and workers’ comp premiums

• Set up and manage return-to-work programs

• Avoid costly penalties

• Get the most for clients under Tennessee workers’ comp law

• Minimize liability for employee injuries

• Make a legal determination based on prior case law

• Interpret and implement medical restrictions

• And much more.

Perfect for attorneys, paralegals, risk managers, adjusters, mediators, benefits managers, claims analysts, judges, and HR managers.

To learn more visitMLeeSmith.com/tnwc-handbook

Table of Contents