NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
June 2024
Tennessee Workers’
Compensation Legislative Changes
The 2024 year brings the
following legislative updates to Tennessee Workers’ Compensation Law: Public
Chapter 532; Public Chapter 666; Public Chapter 0813; Public Chapter 492;
Public Chapter 498; and Public Chapter 499. These legislative changes range
from clarifications to filing First Reports of Injury, to extensions of the
Bureau of Workers’ Compensation’s authority to enforce laws.
The first of several updates in
recent Tennessee Workers’ Compensation Law finds its place in the Public
Chapter 532. This Bill was signed by Governor Lee on March 7, 2024, and becomes
effective on July 1, 2024. This Bill amends current Tennessee laws to make
a consistent, uniform period of 14 days for electronic filing for the First
Report of Injury to the Bureau of Workers’ Compensation (BWC), as well as
removing the Notice of Controversy form requirement – a filing is now made
electronically via Electronic Data Interchange (EDI). This Bill further
provides clarification that uninsured employers penalties apply to construction
and non-construction entities. Finally, this Bill extends the sunset of PC 189 (2021)
until July 1, 2029 – allowing the Bureau of Workers’ Compensation to
continue to enforce workers’ compensation insurance coverage laws.
Another legislative change is
Public Chapter 666. This Bill enacts the Tennessee Self-Insurers’ Guaranty
Association Act, creating the Tennessee Self-Insurers’ Guaranty Association – a
nonprofit, unincorporated legal entity. The purpose of this Act is to provide
for a streamlined and more efficient process for the payment of self-insured
workers’ compensation claims. It will also serve as an avenue for the
assessment of costs of the protection among those self-insured. This Bill was
signed by Governor Lee on April 9, 2024, and became effective upon signing.
The legislative updates continue
with Public Chapter 0813. This Bill requires the Comptroller of the Treasury
(COT) to conduct a study of all insurers – including insurance pools – that
provide policies of workers’ compensation coverage to local government
entities. This will include a review of solvency and a comparative rate study.
The Bill additionally requires the COT to report the findings to the Speaker of
the Senate and the House of Representatives by January 1. 2025. This was signed
by Governor Lee on April 29, 2024, and became effective immediately.
The final legislative updates for
2024 lie in Public Chapter 492, Public Chapter 498, and Public Chapter 499.
These, respectively, (1) extend the Bureau of Workers’ Compensation to June 30,
2029; (2) extend the Medical Advisory Committee to June 30, 2029; and (3)
extend the Medical Payment Committee to June 30, 2029.
Each of the preceding bills have
been signed by Governor Bill Lee, and are either effective July 1st,
or were effective upon their signing.
For any questions, please
contact:
Fredrick R. Baker, Member
Brendan Walsh, Associate
Wimberly Lawson Wright Daves
& Jones, PLLC
1420 Neal Street, Suite 201
P.O. Box 655
Cookeville, TN 38503-0655
Phone: 931-372-9123
Fax: 931-372-9181
fbaker@wimberlylawson.com
bwalsh@wimberlylawson.com
www.wimberlylawson.com