Other Workers' Compensation Law Changes for 2009
In addition to the General Assembly’s modification of the case re-opening statute, several other changes were introduced or enacted in the summer of 2009. This entry serves to provide some basic information on these changes and proposals. The following discussion is not exhaustive and does not discuss the implications of the new Tennessee workers' compensation laws.
The State Legislature passed the “Overstreet Bill”, which replaces provisions found in TCA 50-6-204(a). The goal of the bill is to increase the efficiency of resolving workers’ compensation claims by establishing procedures for “reasonable” access to a worker’s medical records.
As introduced, a bill has been introduced that will limit compensation for an injury or death that occurs during a voluntary recreational activity. While the law provides that workers’ compensation only covers work-related injuries, this new bill, as introduced, specifically limits compensation for injuries sustained during recreational activities to those activities where participation was expressly required or where the employer derived a “substantial benefit from the activity beyond the intangible value of improvement in employee health and morale.”
An amendment has also added a new provision to TCA 50-6-241 in which an illegal immigrant worker’s maximum permanent partial disability benefits is capped at 1.5 times his/her assigned medical impairment rating. The new law applies to injuries occurring after July 1, 2009, and only applies if the employer did not knowingly hire the employee at a time when the employee was not eligible or authorized to work pursuant to federal immigration laws.
A new law has been passed affecting temporary disability benefits for workers who have sustained “mental injuries.” For mental injuries occurring after July 1, 2009, maximum medical improvement is established at the earliest of 1) treating psychiatrist’s conclusion that injured employee has reached maximum medical improvement, 2)104 weeks after the employee has reached maximum medical improvement for a physical injury or illness that (proximately) caused the mental injury, or 4) 104 weeks after the date of a mental injury unaccompanied by a physical injury. This law amends TCA 50-6-207(1) by adding a new subdivision.
If you have been injured in a work-related accident and would like more information on the current state of the law, call 866-853-2888 to speak with a member of our workers’ compensation team.
