REGULATORY ACTIVITY:

• Form C-30 | Attending Physician's Report" has been removed and is no longer necessary. The revised forms C-30A | Final Medical Report, C-32 | Standard Form Medical Report for Industrial Injuries, and C-35A | Notice of Appeal Rights for a Utilization Review Denial should be used.

FEE SCHEDULE NEWS:

• The state has adopted new state specific conversion factors and specialty based markups.

REGULATORY ACTIVITY:

• The State of Tennessee Bureau of Workers’ Compensation is requesting interested and qualified attorneys to apply for the position of Workers’ Compensation Judge, to be in West Tennessee. The successful candidate will be appointed to serve an initial term that will expire on June 30, 2019 and will be eligible to serve an additional three (3) full terms (See Code Anno. §50-6-238(a)(1)(B)). All interested applicants must complete a questionnaire. Workers’ Compensation Judges must have a valid and active Tennessee law license, be at least thirty (30) years old, and have at least five (5) years’ experience in Tennessee workers’ compensation matters (See Tenn. Code Anno. §50-6-238(a)). For additional information on the workers’ compensation judgeships, please contact the Bureau of Workers’ Compensation Administrator, Abbie Huggens, at Abbie.Hudgens@tn.gov. Please return the completed application, with required attachments, to Janie.L.Dorris@tn.gov. Completed questionnaires received by the bureau on or before Friday, January 6, 2017 will be considered.

LEGISLATIVE ACTIONS:

• House Bill 1622
  As enacted, the legislation extends the advisory council on workers’ compensation four years to June 30, 2020. The bill replaces a reference to the Alliance of American Insurers with a reference to the Property Casualty Insurers Association of America in the provision giving examples of the interested insurance organizations that may submit a list of qualified persons that the governor may consider in appointing the nonvoting insurance company representative to the advisory council on workers’ compensation.  Effective Date March 22, 2016.
• Senate Bill 1758
  This legislation amends the statute to allow the state to take action on a complaint from medical providers regarding medical reimbursement. A written complaint alleging a violation of this section by individuals or entities licensed by the department of commerce and insurance may be filed with the bureau of workers’ compensation.  The bureau may investigate complaints made under this subsection (e) and shall direct all such complaints, along with any investigatory materials, to the department of commerce and insurance.  The commissioner of commerce and insurance may take appropriate action in accordance with § 56-2-305. A written complaint alleging a violation of this section by individuals or entities not licensed by the department of commerce and insurance may be filed with the bureau.  The bureau may investigate all complaints made under this subsection (e) and shall have the authority to establish and collect penalties for violations of this section in accordance with § 50-6-118.  Effective Date July 1, 2016.
• Senate Bill 1880
  The enacted legislation limits the amount a provider may charge for copies of materials. Effective Date April 14, 2016.
• Senate Bill 2563
  This bill revises various provisions of the Workers’ Compensation Law, as follows: Under present law, “employee” includes a sole proprietor or a partner who devotes full time to the proprietorship or partnership and elects to be included in the definition of employee by filing written notice of the election with the bureau of workers’ compensation at least 30 days before the occurrence of any injury or death, and may at any time withdraw the election by giving notice of the withdrawal to the bureau. This bill adds members of a limited liability company to this definition of “employee.”Present law authorizes a workers’ compensation judge to approve a proposed settlement among the parties if the settlement agreement has been signed by the parties; and the workers’ compensation judge has determined that the employee is receiving, substantially, the benefits provided by the Law, or, in cases subject to the provisions discussed below, if the workers’ compensation judge has determined that the settlement is in the best interest of the employee. This bill revises these provisions to instead provide that interested parties will have the right to settle all matters of compensation between themselves, but all settlements must be reduced to writing and must be approved by a judge of the court of workers’ compensation claims before they are binding on either party. It will be the duty of the judge of the court of workers’ compensation claims to whom any proposed settlement is presented for approval, to examine the proposed settlement to determine whether the employee is receiving, substantially, the benefits provided by the law. In all cases where the settlement proceedings or any other court proceedings for workers’ compensation involve a subsequent injury wherein the employee would be entitled to receive or is claiming compensation from the second injury fund, the administrator must be made a party defendant to the proceedings in an action filed by either the employer or the injured employee, and an attorney representing the bureau under the supervision of the attorney general and reporter will represent the administrator in the proceeding. The court of workers’ compensation claims, by its decree, will determine the right of the employee to receive compensation from the fund.  Under present law, an employee who is determined to be permanently and totally disabled is not allowed to compromise and settle the employee’s rights to future medical benefits. This bill retains this prohibition on settling future medical benefits for a person determined to be permanently and  totally disabled, but adds that otherwise parties are not prohibited from compromising and settling the issue of future medical benefits, so long as the settlement agreement is approved by a judge of the court of workers’ compensation claims, and includes a provision confirming that the employee has been informed of the potential consequences of the settlement, if any, with respect to Medicare and TennCare benefits and liabilities. This bill clarifies what is an original award, what is a resulting award, and the calculations for further increasing a resulting award in the case of a person with a partial permanent disability who returns to work at wages less those received prior to the injury. Under present law, any party aggrieved by an order for temporary disability or medical benefits or an order either awarding permanent disability or medical benefits or denying a claim for permanent disability or medical benefits issued by a workers’ compensation judge may appeal the order to the workers’ compensation appeals board. This bill revises this provision to apply to any party aggrieved by any order issued by a workers’ compensation judge. This bill clarifies certain of the provisions governing such review. Under present law, workers’ compensation judges and any person appointed to serve as a judge on the workers’ compensation appeals board must take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge’s skill and ability. The oath may be taken before another workers’ compensation judge, any inferior court judge, a retired judge, a retired chancellor, or an active or retired judge of the court of general sessions. This bill revises the persons before whom the oath may be taken to be, in the case of a judge on the workers’ compensation appeals board, the governor or any active or retired Tennessee judge or chancellor, and, in the case of a workers’ compensation judge, to be the governor, an active or retired Tennessee judge or chancellor, or an active or retired judge of the court of workers’ compensation claims or court of workers’ compensation appeals. Under present law, in certain cases, the court of workers’ compensation claims may award attorneys’ fees and reasonable costs, including reasonable and necessary court reporter expenses and expert witness fees for depositions and trials incurred when the employer fails to furnish appropriate medical, surgical and dental treatment or care, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus to an employee provided for in a settlement or judgment. This bill adds that such fees and costs may also be awarded in connection with an expedited hearing order or compensation hearing order. Under present law, the amounts of compensation payable periodically under the Law may be commuted to one or more lump sum payments.  These may be commuted upon motion of any party subject to the approval of the circuit, chancery, or criminal court. This bill revises the approval provision to only require approval of the court of workers’ compensation claims. Present law provides for certain additional disability benefits in extraordinary cases. Under present law, these provisions will not apply to persons on or after July 1, 2016. This bill removes this limitation on these provisions. Present law provides that the uninsured employers fund must be used for payment of the costs incurred by the bureau of workers’ compensation to administer the assessment of and collection of penalties for noncompliance with insurance requirements. This bill adds that the funds will also be used for the costs of administering the fund, including but not limited to lien fees or fees of third party administrators.  Effective Date April 14, 2016.