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.
August 2025
Tennessee Workers' Compensation Legislative Changes
Tennessee
found less changes in its workers’ compensation legislation in 2025 than it did
last year, but there are still several worth noting, including: Bureau’s
Administration changes (SB1309/HB0128); an Advisory Council extension
(SB0050/HB0228); PTSD Extensions (SB0289/HB0310); addition of cancers to
firefighter related legislation (SB0288/HB0482); and Administrative Dissolution
changes (SB0306/HB0459-Pub. Ch. 113) (SB0669/HB1226).
The
first of these bills, SB1309, makes a variety of changes, including, but not
limited to (1) removing the end date of June 30, 2025 for the Vocational
Recovery Fund; (2) increasing the minimum age requirement to serve as a
workers’ compensation judge to 35 years, and the minimum number of years of
experience to seven; (3) increasing the number of terms that a workers’
compensation judge may be appointed after the expiration of their initial term
to three additional terms (there is an additional note on service of a
less-than-full term); and (4) extension of the sunset of attorney’s fee award
to June 30, 2030. There also exists in this bill the addition of fees related
to burial, cremation, or other lawful means of disposition of human remains
when looking at attorney’s fees.
Senate
Bill 0050 extends the advisory council on workers’ compensation to June 30,
2031, amending T.C.A. Title 4, Chapter 29, and Title 50, Chapter 6.
The
next change is seen in alterations to the James “Dustin” Samples Act. The
changes now create a presumption that the diagnosis of a law enforcement
officer or emergency medical responder with post-traumatic stress disorder as
the result of responding to certain incidents was incurred in the line of
duty for purposes of workers’ compensation coverage. This amends T.C.A.
Title 7, Chapter 51, and Title 50, Chapter 6.
Further
changes regarding first responders were reflected in Senate Bill 0288 which effected
the addition of prostate cancer, breast cancer, and pancreatic cancer to the
list of cancers for which a presumption exists that the ailment arose out of
employment. This exists for full-time firefighters and must be combatted
by contrary evidence shown by competent medical evidence. This alters T.C.A.
§7-51-201.
The
final noteworthy legislative changes in Tennessee for workers’ compensation are
reflected in SB0306-Public Chapter 113. This piece of legislation allows the
State to dissolve a business if that business knowingly files false information
with the state, and/or if that business has ties to foreign adversaries. This
is determined by the United States Secretary of Commerce. Lastly, Senate Bill
0669 deletes all references to the World Health Organization and instead
requires a pandemic to be declared by the federal Centers for Disease Control
and Prevention. It also requires a subsequent declaration of a state of
emergency by the governor to issue executive orders and directives related to
pandemics.
While
not as monumental as years prior, the legislative changes seen in 2025 are
nonetheless necessary to learn, and keep in mind, as attorneys and employers
continue to manage the daily challenges of Tennessee Workers’ Compensation Law.
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