Tennessee Workers’ Compensation Claims: The Role of the Benefit Review Conference
Employees seeking resolution of disputed claims for Tennessee workers’ compensation benefits must exhaust the benefit review process before filing a claim with a court. If, however, the parties mutually agree to compromise and settle the claim, there is no need to satisfy this requirement.
The filing of a “request for assistance” with the Department of Labor and Workforce Development (TDOL) starts the benefit review process. Upon filing this request, a date for a “Benefit Review Conference” is assigned. The employee’s failure to attend this conference may result in a final dismissal of any potential claim for compensation.
In the Tennessee Code (TCA), the Benefit Review Conference (BRC) is described as a “non-adversarial, informal dispute-resolution proceeding that parties must attend in a workers’ compensation dispute before filing suit.” The BRC is conducted by an employee of the Department of Labor and Workforce Development who is qualified as a “workers’ compensation specialist.” This specialist presides over the Conference not as a judge, but as a mediator.
Settlement is the objective of the BRC, but any settlement reached must be done so voluntarily. For the settlement to be effective and binding, however, it must be approved by a court or the TDOL commissioner. When parties are not able to reach a compromise and settlement of all issues at the BRC, the employee may then file a complaint with a court.
Heavy burdens are placed on employees who seek review of their employers’ denial of workers’ compensation benefits. Not only is the employee often out of work, injured, and having to pay medical expenses out-of-pocket, but he or she also has to challengingly cut through a lot of red tape. In this situation, you will want a competent, skilled, and experienced Pigeon Forge workers' compensation attorney who can help you every step of the way. Call Baker Associates at 866-853-2888 today for a free consultation.
