The document summarizes recent changes and developments in Tennessee's workers' compensation system. Key points include:
1) Proposed legislation (SB 932) aims to reform the system by redefining "injury", limiting repetitive motion claims, removing limits on closing future medical benefits, and easing restrictions on employer-physician communications.
2) MIJS successfully challenged a Department of Labor order requiring an employer to include a specific physician on their medical panel. The Department rescinded the order.
3) Recent case law established that an employee's subjective belief alone is insufficient to decline returning to work, and that layoffs may constitute a loss of employment and not a meaningful return to work depending on factors like senior
A Q&A guide to workers' compensation law for employers in Georgia. This Q&A addresses Georgia laws requiring workers' compensation coverage, including the benefits process, penalties for an employer's failure to obtain workers' compensation coverage, and anti-retaliation provisions. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Workers' Compensation Laws: State Q&A Tool)
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
Learn the #1 way companies violate employee FMLA rights, which industries the most violations occur, and what you can do about it if you find yourself unlawfully treated by your employer.
When your boss violates your FMLA rights, you have options, and can take legal action to pursue back pay and recover compensation for damages. Federal law provides a number of family medical leave act protections to employees who qualify. It's illegal for employers to retaliate against people exercising their FMLA rights. You shouldn't lose your job, be held back from opportunity or advancement or be demoted for taking rightful leave. It's unlawful when it happens, and it happens all too commonly. You do have recourse though.
Check out the 12 ways your boss may violate your FMLA rights. If you feel you have a potential legal claim because of what happened to you, call me today, and I'll review your case details for free. I'll help you determine your eligibility and answer your questions about your legal options with no charge.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
Why You Should Team Up and Make Friends: Your Professional Responsibilities W...Parsons Behle & Latimer
A presentation about the ethical and professional obligations when reviewing a potential personal injury matter and when associating with another firm on personal injury matters.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
If you find yourself the victim of a New York workplace accident or illness, a basic understanding of the New York workers’ compensation system will come in handy.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
A Q&A guide to workers' compensation law for employers in Georgia. This Q&A addresses Georgia laws requiring workers' compensation coverage, including the benefits process, penalties for an employer's failure to obtain workers' compensation coverage, and anti-retaliation provisions. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Workers' Compensation Laws: State Q&A Tool)
The 2013 National Defense Authorization Act creates strong new protections for employees of federal contractors and subcontractors who “blow the whistle” on their own employers. The law encourages employees to report “gross mismanagement,” “gross waste,” “abuse of authority” and other misconduct related to federal contracts. Mark discusses these new protections.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
Learn the #1 way companies violate employee FMLA rights, which industries the most violations occur, and what you can do about it if you find yourself unlawfully treated by your employer.
When your boss violates your FMLA rights, you have options, and can take legal action to pursue back pay and recover compensation for damages. Federal law provides a number of family medical leave act protections to employees who qualify. It's illegal for employers to retaliate against people exercising their FMLA rights. You shouldn't lose your job, be held back from opportunity or advancement or be demoted for taking rightful leave. It's unlawful when it happens, and it happens all too commonly. You do have recourse though.
Check out the 12 ways your boss may violate your FMLA rights. If you feel you have a potential legal claim because of what happened to you, call me today, and I'll review your case details for free. I'll help you determine your eligibility and answer your questions about your legal options with no charge.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
Why You Should Team Up and Make Friends: Your Professional Responsibilities W...Parsons Behle & Latimer
A presentation about the ethical and professional obligations when reviewing a potential personal injury matter and when associating with another firm on personal injury matters.
White Paper: Complying With Regulations Regarding Temporary Workersss
The use of temporary workers is growing in the United States, now representing 22% of the total workforce. Temporary workers are referred to as freelancers, non-employees, indirect workers, agency contractors, consultants, interns, independent contractors, and many other terms.
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
If you find yourself the victim of a New York workplace accident or illness, a basic understanding of the New York workers’ compensation system will come in handy.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
1. Potter v. New Brunswick Legal Aid Services Commission, 201.docxpaynetawnya
1. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10
Suspension with pay may constitute “constructive dismissal”
Mr. Potter was the Executive Director of the New Brunswick Legal Aid Services Commission. While the parties were negotiating a buyout of Mr. Potter’s contract, Mr. Potter commenced a sick leave. In response, the employer wrote to Mr. Potter to advise him not to return to work until he was provided further direction. In the meanwhile, Mr. Potter was suspended with pay, and his powers were delegated to someone else. Mr. Potter sued for constructive dismissal.
The Supreme Court of Canada agreed with Mr. Potter, finding that Mr. Potter had been constructively dismissed, “[i]n light of the indefinite duration of the suspension, of the fact that the Commission failed to act in good faith insofar as it withheld valid business reasons from Mr. Potter, and of the Commission’s concealed intention to have Mr. Potter terminated.”
2. Styles v. Alberta Investment Management Company, 2015 ABQB 621
Employers owe a duty of good faith when determining Long-Term Incentive Plan entitlements post-termination
After approximately three years of employment, Mr. Styles was terminated on a without cause basis. Pursuant to the terms of his employment agreement, Mr. Styles was paid three months of salary.
However, during the course of his employment, Mr. Styles became eligible to participate in (and did participate in) the Defendant’s Long Term Incentive Plan. Upon termination, Mr. Styles was advised that “[a]s per policy, no further payment on Annual Incentive Plan (AIP) or Long Term Incentive Plan (LTIP) will be made).”
Despite the fact that the LTIP plan required Mr. Styles to be “actively employed” on the date that the monies were paid, Mr. Styles sued his former employer, citing, among other things, the fact that he had been dismissed shortly before the payout date.
Deciding in favour of Mr. Styles, the Court ordered an LTIP payout in the amount of $444,205 as a part of Mr. Styles’ severance on the basis that the employer’s strict reliance on the wording of the LTIP provision would violate the duty of good faith contractual performance that it owed to Mr. Styles (as recently established by the Supreme Court of Canada in its 2014 Bhasin v. Hrynew decision). In particular, the court held that “[w]hen an employment contract includes a condition for the receipt by an employee of a benefit under the contract and the employer has the discretion, pursuant to the terms of the contract, to frustrate the satisfaction of that condition, it becomes even more important for that discretion to be exercised fairly, reasonably and not arbitrarily.”
When is the exercise of "discretion" required to be reasonable?3. O.P.T. v. Presteve Foods, 2015 HRTO 675
New high-water mark in general damages award for human rights violations
The Applicants, O.P.T. and M.P.T. were temporary foreign workers who had been employed by Presteve Foods for approximately nine ...
The only time someone worries or asks questions about Workers' Compensation is typically after they have been injured. This short presentation covers the most common questions injured workers have about their workers compensation benefits. To find out more about Workers' Compensation and the rights of the injured, please visit http://www.comp7777.com
CHAPTER 20 Employment Law and Worker ProtectionWashington DC.docxtiffanyd4
CHAPTER 20 Employment Law and Worker Protection
Washington DC
Federal and state laws provide workers’ compensation and occupational safety laws to protect workers in the United States.
Learning Objectives
After studying this chapter, you should be able to:
1. Explain how state workers’ compensation programs work and describe the benefits available.
2. Describe employers’ duty to provide safe working conditions under the Occupational Safety and Health Act.
3. Describe the minimum wage and overtime pay rules of the Fair Labor Standards Act.
4. Describe the protections afforded by the Family and Medical Leave Act.
5. Describe unemployment insurance and Social Security.
Chapter Outline
1. Introduction to Employment Law and Worker Protection
2. Workers’ Compensation
1. Case 20.1 • Kelley v. Coca-Cola Enterprises, Inc.
3. Occupational Safety
1. Case 20.2 • R. Williams Construction Company v. Occupational Safety and Health Review Commission
4. Fair Labor Standards Act
1. Case 20.3 U.S. SUPREME COURT Case • IBP, Inc. v. Alvarez
5. Family and Medical Leave Act
6. Consolidated Omnibus Budget Reconciliation Act and Employee Retirement Income Security Act
7. Government Programs
“ It is difficult to imagine any grounds, other than our own personal economic predilections, for saying that the contract of employment is any the less an appropriate subject of legislation than are scores of others, in dealing with which this Court has held that legislatures may curtail individual freedom in the public interest.”
—Stone, Justice Dissenting opinion, Morehead v. New York (1936)
Introduction to Employment Law and Worker Protection
Generally, the employer–employee relationship is subject to the common law of contracts and agency law. This relationship is also highly regulated by federal and state governments that have enacted myriad laws that protect workers from unsafe working conditions, require employers to provide workers’ compensation to employers injured on the job, prohibit child labor, require minimum wages and overtime pay to be paid to workers, require employers to provide time off to employees with certain family and medical emergencies, and provide other employee protections and rights.
Poorly paid labor is inefficient labor, the world over.
Henry George
This chapter discusses employment law, workers’ compensation, occupational safety, pay and hour rules, and other laws affecting employment.
Workers’ Compensation
Many types of employment are dangerous, and many workers are injured on the job each year. Under common law, employees who were injured on the job could sue their employers for negligence. This time-consuming process placed the employee at odds with his or her employer. In addition, there was no guarantee that the employee would win the case. Ultimately, many injured workers—or the heirs of deceased workers—were left uncompensated.
Workers’ compensation acts were enacted by states in response to the unfairness of that result. These acts crea.
This presentation was given on 9/18/2009 to clients and friends of Kegler Brown. The presentation features a case law update, third party administration, bureau of workers' compensation issues and voluntary abandonment.
Workers' Compensation: What You Need to KnowPage-1
If you've suffered an injury on the job, you may be entitled to recover workers' compensation benefits. View our slide presentation to find out what is involved in these claims.
1. (TCO A) Nix has worked for ABC, Inc. for ten years. During the .docxvrickens
1.
(TCO A) Nix has worked for ABC, Inc. for ten years. During the entire period of Nix's employment, his performance had never been formally evaluated or criticized; he was never denied a raise or bonus. The company was doing extremely well, constantly hiring new employees. During the busiest time of the year, Nix told his boss that he had jury duty. Nix attended jury duty. Nix was terminated for refusing to decline to appear for jury duty. Even though the term of Nix's employment is not specified by contract, does Nix have a cause of action against his employer arising out of the termination? Identify and analyze the possible causes of action available to Nix and the likelihood of prevailing in the litigation. Utilize applicable law to support your conclusions. (Points: 30)
2.
(TCO B) Denora Sarin, a Cambodian immigrant and a practicing Buddhist, was employed as a systems engineer with Raytheon Company. Shortly after Sarin was assigned to work on a particular project, Goldberg, one of the workers, approached and taunted Sarin saying, "What's Buddhism? What kind of Buddha do you worship—the skinny Buddha or the fat one? I want to fight you. You don't fight me back." Sarin also claimed to be physically harassed by another employee, but after Sarin reported the conduct to his supervisor, it was not repeated.
3.
(TCO C) Matt worked for CTE as a management analyst. Matt suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened his locked drawer at work and found prescription drugs that were not prescribed to Matt. The supervisor thought Matt had been acting a bit
strangely
but decided he would confront him about it later. The supervisor did not confront Matt before the heart attack.
After six months, Matt was able to return to work on a part-time basis. Matt worked reduced hours for the next year. CTE was forced to reduce its workforce to cut costs. CTE conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. Matt, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. Matt sued and alleged that he was wrongfully terminated in violation of the ADA. Matt alleged that his termination was a result of his disability. Identify and analyze the potential claims and defenses. Utilize case law to support your responses and conclusions.
(Points: 30)
4. (TCO D) A wrecking and heavy moving firm was moving a barn. As the barn was being towed across a field, it came close to three 7,200 volt power lines. A ball of fire was observed where the barn's lighting rod either came to close to or actually touched, one of the power lines. Two employees were electrocuted and three more were injured. Analyzing the fact pattern, determine whether the company violated OSHA's general duty clause, or was this merely an unfortunate accident? Assuming that passing clos.
From self-driving cars to an iPhone screen that unlocks when you look at it, advances in technology can happen fast and often have a big impact on peoples’ lives. Not surprisingly, the law does not always keep pace—often leaving important legal questions in the wake of fastadvancing technologies. What is to be done with cryopreserved embryos upon the dissolution of
a marriage is one such important legal question where innovation in the law has become necessary to address innovation in technology.
Moore Ingram Johnson & Steele LLP (MIJS) began its captive practice in 2008 to provide businesses with an alternative to the standard captive management model. Given the various legal complexities that go into a properly operating captive insurance company, MIJS believed it was important to provide a captive management team that consists of attorneys and insurance professionals with expertise in insurance defense/coverage, regulatory compliance, accounting, corporate, and tax. That way MIJS could provide the captive industry with a lawyer based management option which would provide the same attention to detail, responsiveness, and confidentiality one should expect from a law firm.
MIJS Captive Management, LLC as a member of the SIIA’s Enterprise Risk Committee is pleased to announce its pledge to uphold and maintain SIIA’s Captive Manager Code of Conduct during the commission of its captive management services. MIJS Captive Management, LLC is proud to have assisted in the drafting process of the Code as it articulates the values that should govern every captive managers’ operations.
Putting a Price On Terrorism - Tammi Brown and Doug Butler, of MIJS, reflect on terrorism as an insurable risk and how captive assignations for premiums should be organized.
Matthew Howard of Atlanta did battle with about a 12-foot long, 1,000-pound tiger shark on Wednesday while fishing aboard the Shock’n Y’all with Capt. Bill Waitsman and deckhand Mike Meyers.
“I’m really feeling it now,” Howard said a couple of hours after he stepped off the boat Wednesday. “It was a lot of fun and quite the adventure.” https://www.mijs.com/partner-matthew-howard-battled-tiger-shark/
MIJS forms and manages what is known as pure captive insurance companies and more specifically micro-captive insurance companies. A pure captive insurance company is an insurance company created by the owners of an operating business to provide supplemental property and casualty insurance to such operating business.
On May 11, 2017, the South Carolina Workers’ Compensation Commission stream-lined the process for third parties to obtain information regarding a worker’s prior workers’ compensation claims. Prior to this change, the process was difficult and often required an in person visit to the commission. Now a request only requires completing a form and paying a $25.00 fee. Learning about a worker’s prior claims either at the time of employment or at the time of an injury can be very beneficial to the proper handling of a claim.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ADR in criminal proceeding in Bangladesh with global perspective.
TN WORKERS’ COMP CHRONICLE May 2011
1. TN Workers’ Comp Chronicle
May 2011
Inside This
Issue:
• Reform Arrives
• MIJS
Successfully
Sues DOL…
Again!
• Case Law
Review
• Due Process
Update
• About MIJS
Moore, Ingram, Johnson & Steele LLP (865) 692-9039
Tennessee’s Comp System On the Verge of Reform
Repetitive Motion Claims Limited
In addition to the “specific incident”
language, SB 932 also eliminates certain
cumulative trauma claims. With a few
exceptions, hearing loss claims and carpal
tunnel syndrome claims will not be
considered compensable “unless the
disease exists and arose primarily out of
and in the course of employment… and
did not result primarily from a cause
outside of the employment…” This
sensible change will reduce claims that
arise mostly from pre-existing or age-
related conditions.
Closing Future Medicals
Another aspect of the proposed legislation
is the removal of the arbitrary 3-year time
limit for closing future medicals. Under
current Tennessee law, future medical
benefits for arm, leg or body as a whole
claims may be immediately closed only in
“doubtful and disputed” cases. The new
change will make it easier to fully resolve
claims, while making Medicare set-aside
agreements more prevalent in Tennessee.
Overstreet Requirements
Finally, SB 932 resets the medical
communications restrictions first created
by the 2008 Supreme Court case and
amended by legislation in 2009. Under the
new legislation, employers and adjusters
will enjoy increased access to authorized
treating physicians. These are welcome
changes. The convoluted nature of
Tennessee’s present system delays
resolution and encourages litigation. The
legislation is schedule for a floor vote
soon and MIJS will keep you updated.
By: Gregory H. Fuller
The Tennessee Workers’ Compensation
Advisory Council recently voted 5 to 1 to
recommend passage of employer-friendly
legislation. The bill, SB 932/HB 1503, is
endorsed by the Tennessee Chamber of
Commerce & Industry. According to
Chamber spokesman Bradley Jackson, the
legislation is intended to correct
Tennessee’s overly-complicated system.
The bill is a prelude to more
comprehensive reform to be developed
over the summer and advanced in next
year’s session.
In the meantime, Senate Majority Leader
Mark Norris of Collierville and
Representative Jimmy Eldridge of
Jackson, have spearhead three substantial
revisions to the current law.
“Injury” Redefined
The most sweeping change addresses the
statutory definition of injury. Currently,
T.C.A. § 50-6-102(12) defines “injury” as
“an injury by accident arising out of and in
the course of employment that causes
either disablement or death of the
employee.”
The reform bill inserts the following
language, “An injury, including a mental
injury, is ‘accidental’ only if it is caused
by a specific incident and is identifiable
by time and place of occurrence.”
2. TN Workers Comp Chronicle Page 2 of 4
MIJS recently utilized the
Uniform Administrative
Procedures Act to reverse a
DOL order requiring an
employer to place a specific
physician on a panel.
Following its successful constitutional
challenge, MIJS recently forced the
DOL to rescind an unlawful order to
include a specific physician on a panel.
On January 26, 2011 a Request for
Assistance was filed with the Tennessee
Department of Labor seeking medical
benefits. The employee alleged an injury
to her lower back and her authorized
treating physician referred the employee
to a specific neurosurgeon.
On March 16, 2011, the Department of
Labor issued an Order for Medical
Benefits requiring the employer to
provide a panel of neurosurgeons to
include the specific neurosurgeon. A
timely Request for Administrative
review was filed on behalf of the
employer.
Administrative Review
During the administrative review
informal teleconference MIJS argued
that a Specialist for the Department of
Labor did not have the statutory
authority to require the employer to
provide a panel of physicians to include
a specific physician. The Department’s
position at the time was that T.C.A. §
50-6-238 provided authority to for a
specialist to issue an order for an
“appropriate” panel. To this position
MIJS argued that an appropriate panel
was defined under T.C.A. § 50-6-204,
which states in relevant part “the
employer shall designate” a group of
three or more reputable physicians.
Despite this statutory argument the
Administrator’s Designee issued an
Order affirming the specialist’s order on
April 8, 2011.
Petition for Judicial Review
After receiving the April 8, 2011 order
MIJS discussed the options with the
carrier, at which time we decided to file
a Petition for Judicial Review of an
Administrative Agency’s Order in the
Chancery Court for Davidson County.
Shortly thereafter, MIJS filed a Motion
MIJS Wins Another Victory Against the Department of Labor
for Stay of the order and requested an
expedited hearing. This prompted a
call from the Attorney General’s
office to discuss the petition and
motion.
Subsequent to the conversation with
the Attorney General’s office, MIJS
received a call from the Department of
Labor Specialist that issued the
original order for benefits. We
discussed the issues with the order and
specifically whether the specialist had
the authority to require an employer to
place a specific physician on a panel.
Modified Order
On May 9, 2011, the Department of
Labor issued a Modified Order for
Medical Benefits. The Department
wrote that after some deliberations, it
determined that the Order for Medical
Benefits needed to be modified to
exclude the requirement of that a
specific provider be included on the
panel. A new panel of three
neurosurgeons selected by our client
was issued.
Holding the Department Accountable
This unprecedented reversal is a
decisive victory for employers and
carriers. It demonstrates that
Department orders can be successfully
challenged prior to a BRC via the
Uniform Administrative Procedures
Act. But we’re not done yet. We have
seen the Department order specific
providers be placed on a panel on
numerous occasions.
It is our position that this excessive act
is capable of repetition and that the
Department is trying to evade review
from the Chancery Court by
rescinding its order. Accordingly, the
issue needs to be addressed by the
Chancery Court and the case will
proceed.
By: Daniel Starnes
3. TN Workers’ Comp ChroniclePage 3 of 4
Refusal to Return to Work
A recent case capped an award for an
employee who refused to return to
work because she did not believe that
she could perform her job duties.
Following a work-related slip and
fall injury, a timeshare sales
representative eventually was given
permanent restrictions by her
physiatrist.
The ATP opined that the employee’s
job duties complied with the
restrictions he gave. Employer then
attempted to schedule employee’s
return to work, which employee
declined under the subjective belief
that she would be unable to perform
her job due to pain.
The appeals panel reversed the trial
court’s ruling and found that an
employee’s subjective belief alone of
being unable to perform their duties
is insufficient. In order to decline a
reasonable offer to return to work,
without some other evidence
supporting employee’s decision,
particularly medical advice or
opinion.
The panel emphasized the
employee’s failure to even attempt to
make a return to work, in that had
employee made an attempt to return
but ultimately was prevented from
performing her duties due to pain, as
corroborated by her physician, then a
different result might have been
appropriate. However, since
employee did not make such an
attempt, the court stated “any
conclusion about what might have
happened is mere speculation.”
Blair v. Wyndham Vacation Ownership,
Inc.
Recent Tennessee Case Law Review
Layoffs & Meaningful Return to Work
Claimant worked for an employer who
routinely laid-off employees at least two
times per year for short periods of time.
Layoffs were assigned in order of
seniority, with the lowest level
employees being laid off first. During
layoff periods employees were not paid
and did not receive any benefits.
Given the uncertain duration of the
layoff, the Claimant chose to retire
rather then wait to see if he would be
brought back after the layoff. After
retiring the Claimant continued to
pursue a claim for second injury as well
as reconsideration of a previous injury.
The Claimant said that he was entitled to
reconsideration due to the fact that he
had not had a meaningful return to
work.
The Supreme Court of Tennessee held
that the Claimant had not had a
meaningful return to work, that he could
seek reconsideration of his initial injury
and was not subject to the lower
statutory caps. Specifically, the Court
held that the Claimant’s employment
ended when he was laid off not when he
retired.
The Court provided a number of factors
to be used in determining whether a
layoff is a loss of employment and,
therefore, not a meaningful return of
work: (1.) whether the layoffs are a
customary or expected part of the
employee’s position and, if so, whether
the specific layoff in question falls
within the pattern of previous layoffs in
the position;
(2.) whether the employee expected
or should have expected, at the time
of the layoff, to be recalled to work;
and (3.) whether the employee
received pay or benefits while laid
off. These factors should be kept in
mind when determining whether a
layoff breaks the cap. Nichols v. Jack
Cooper Transport Co.
Pre-existing Mental Issues
In Transport Service LLC v. Donald
Allen, the employee suffered a
shoulder injury when he fell at work.
This injury was not disputed.
However, he also claimed to suffer a
mental injury due to depression and
anxiety suffered subsequent to the
injury. This, he said, was due to the
fact that, when he was allowed to
return to work on a light-duty basis,
he was harassed and taunted by his
fellow employees.
The trial court found this to be a
compensable mental injury, after
hearing testimony of two mental
health experts, one of whom went
only on what Mr. Allen reported to
him, even though Mr. Allen had an
extensive mental health history prior
to his shoulder injury. However, the
appellate court reversed when it
reviewed the record and discovered
that Mr. Allen had been treated for
depression and anxiety prior to the
injury, the same mental conditions he
was claiming were caused by the
shoulder injury. Why the trial court
disregarded this fact is unclear.
This case shows why it is important
to aggressively obtain all prior
medical records, especially in mental
claims.
4. TN Workers Comp Chronicle Page 4 of 4
This is a legal advertisement.
The articles are intended to
provide background and
general guidance to the TN
workers’ comp system.
They are not intended as legal
advice as each lawsuit is
unique and requires specific
analysis. Please contact
MIJS to discuss the discuss
the details of your claim.
MIJS is a value oriented law firm focused on
providing customized solutions for our clients.
Based in Marietta, GA, MIJS offers a full
spectrum of legal services ranging from
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Our Tennessee offices specialize in workers’
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claims. By leveraging the experience of eight
About Moore Ingram Johnson & Steele…
408 N. Cedar Bluff Rd
Suite 500
Knoxville, TN 37923
PHONE:
(865) 692-9039
FAX:
(856) 692-9071
E-MAIL:
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Online
www.mijs.com
comp attorneys, we help employers and insurers
navigate Tennessee’s workers’ compensation
system with an eye towards cutting costs.
We are pleased to announce the opening of a
new office Louisville, KY. MIJS also operates an
office in Nashville, TN and serves its clients in
Florida as well. Please contact Troy Hart to see
how MIJS can help you meet your workers’
comp goals.
The Department of Labor will host
its annual educational conference on
June 14 and 15 in Nashville. MIJS
will be attending and encourages its
clients to participate in order to stay
up to date on developments in
Tennessee.
This year’s topics include:
-Social Networking in Comp Claims
-Utilization Review Process
-Aging and Degenerative Conditions
-Judicial Review of DOL Orders
Department of Labor Educational Conference
The educational conference is a great
opportunity to get to know the
vendors, administrators and medical
providers who shape Tennessee’s
comp process. It is also a chance to
reconnect with the MIJS, get some
CEU credits and experience Music
City’s unique culture.
It’s not too late to register. The cost
is $375.00 per registrant. For more
information http://www.tn.gov/labor-
wfd/wc_conf_register2011.pdf
As you may know, MIJS recently
won a ground-breaking constitutional
challenge to the Request for
Assistance process. The Davidson
County Chancery Court struck down
T.C.A. 50-6-238(a)(2) as a violation
of procedural due process because
the statute provides no independent
judicial review of the Department’s
orders for TTD benefits.
Due Process Update
The Department appealed the Court’s
decision and oral argument has been
set for June 28, 2011, in the Court of
Appeals. As the discussed above,
MIJS’s challenge has paved the way
for more successful challenges to
Tennessee’s comp system. If you’ve
been wronged by the Request for
Assistance process, call MIJS today
to discuss your options. To view the
decision, visit
http://www.tennesseeattorneysmemo.
com/documents/35-TAM-49-35.pdf