HB4160 Sponsored by Dennis Ferguson
Latest Action: 04/22/2008 - Action Deferred in Consumer & Employees Affairs Committee to 1/1/2009

Bill Text
Companion Bill SB2989. Workers' Compensation - Exempts certain employers and employees from certain provisions of the Workers' Compensation Law on religious grounds. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB4160 / *SB2989 MINIMAL Bill Summary for HB4160 / *SB2989 This bill authorizes employers to apply for exemption from the Workers' Compensation Act with respect to employees who provide a written waiver and an affidavit indicating that the employee is a member of a recognized religious sect that is conscientiously opposed to the acceptance of the benefits of public or private insurance. In the case of an employee who is a minor, this bill authorizes the minor's guardian to make the affidavit and waiver. NOTE: The word "employer" in the second sentence of ? 50-6-135(a) should be "employee." ON APRIL 21, 2008, THE [...]

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HB4040 Sponsored by Henry Fincher
Latest Action: 02/20/2008 - Sponsor change.

Bill Text
Companion Bill SB3500. Treasurer, State - Removes requirement for treasurer to maintain a separate reserve in the criminal injuries compensation fund for payments to victims of drunk drivers; specifies that requirement for insurers, employers, and self-insured pools to file an injured employee's wage statement does not apply to workers' compensation claims filed against the state; revises other various provisions regarding state workers' compensation claims and criminal injuries compensation. - Amends TCA Section 9-4-205(d), Section 9-8-307(a)(1)(K)(i), Sections 9-4-205(d), 9-8-307(a)(1)(K)(i), 29-13-105(a)(4), 29-13-118, 40-24-107(c), and 67-4-606(a). Fiscal Summary for HB4040 / *SB3500State Revenue - Net Impact - Not Significant Increase State Expenditures - $60,000/Criminal Injuries Compensation Fund Bill Summary for HB4040 / *SB3500 [...]

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Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB2990. Workers' Compensation - Authorizes commissioner of labor and workforce development to reduce penalties in certain circumstances when an injured worker has been fully compensated and all medical expenses have been paid. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB4140 / *SB2990Other Fiscal Impact - If the Commissioner of the Department of Labor and Workforce Development chooses to reduce or waive penalties for such violations, there will be a reduction in the penalty revenue received by the Uninsured Employers Fund. The magnitude of such reduction will depend upon the future decisions of the Commissioner but can reasonably be estimated to exceed $100,000. Reducing the amount of revenue received by the fund could result in a decreased reversion to the general fund. This Uninsured Employers Fund is funded, in part, by state appropriations.[...]

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SB3939 Sponsored by Randy Mcnally
Latest Action: 04/15/2008 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text

Workers' Compensation - Authorizes any workers' compensation medical report to be given to the employee's family, if the employee consents thereto or if the employee is incapacitated. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for SB3939 / *HB3783

MINIMAL

HB3783 Sponsored by Jim Hackworth
Latest Action: 04/15/2008 - Taken Off Notice For Calendar in: Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Authorizes any workers' compensation medical report to be given to the employee's family, if the employee consents thereto or if the employee is incapacitated. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for *HB3783 / SB3939

MINIMAL

HB3801 Sponsored by Charles Curtiss
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB3862.

Workers' Compensation - Limits definition of "injury" when it occurs at employee's residence to certain circumstances. - Amends TCA Section 50-6-102.

Fiscal Summary for HB3801 / *SB3862

Decrease State Expenditures - Not Significant/Risk Management Fund Decrease Local Expenditures - Not Significant


Bill Summary for HB3801 / *SB3862

Under present law, an employee is eligible for workers' compensation benefits for an injury that occurs in the course and scope of the employee's employment.

This bill specifies that an injury does not arise out of the course of an employee's employment if the injury occurs while the employee is on the employee's property, unless the employee is actively engaged in a defined work activity within an established immediate work area.
HB3807 Sponsored by Ron Lollar
Latest Action: 04/22/2008 - Taken Off Notice For Calendar in: Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Requires utilization review of medical services in workers' compensation cases to be done by a physician licensed in Tennessee in the same specialty as the physician providing the services. - Amends TCA Section 50-6-124.

Fiscal Summary for HB3807 / *SB2975

MINIMAL

HB3843 Sponsored by Mike Turner
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Authorizes psychologists to provide impairment ratings in workers' compensation cases. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for HB3843 / *SB3890

Other Fiscal Impact - Expansion of the field of professionals authorized to provide impairment ratings is assumed to result in an increase in state expenditures. Due to the individualized nature of claims and the variability in awards for such claims, and the absence of measurable standards to apply in assigning ratings, the magnitude of such increase cannot reasonably be quantified.

Latest Action: 04/22/2008 - Taken Off Notice For Calendar in: Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB3886. Workers' Compensation - Imposes various requirements on contracting agents who sell, lease, assign, transfer, or convey their lists of contracted health care providers and their contracted reimbursement rate; applies under the Workers' Compensation Law. - Amends TCA Section 50-6-204. Fiscal Summary for HB3848 / *SB3886MINIMAL Bill Summary for HB3848 / *SB3886 Present law authorizes the commissioner of labor and workforce development to establish a medical fee schedule for medical services that are provided through the workers' compensation system. The comprehensive medical fee schedule does not prohibit an employer, trust or pool, or insurer from negotiating lower fees in its own medical fee agreements. This bill requires that any lower fees paid for medical services furnished on or after January 1, 2009, must be [...]

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HB3814 Sponsored by Craig Fitzhugh
Latest Action: 03/25/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text

General Assembly - Requires special joint committee on workers' compensation to review and comment on any legislation referred to it within 30 calendar days. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for HB3814 / *SB3071

MINIMAL

SB3890 Sponsored by Beverly Marrero
Latest Action: 01/31/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text

Workers' Compensation - Authorizes psychologists to provide impairment ratings in workers' compensation cases. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for *SB3890 / HB3843

Other Fiscal Impact - Expansion of the field of professionals authorized to provide impairment ratings is assumed to result in an increase in state expenditures. Due to the individualized nature of claims and the variability in awards for such claims, and the absence of measurable standards to apply in assigning ratings, the magnitude of such increase cannot reasonably be quantified.

HB3710 Sponsored by Craig Fitzhugh
Latest Action: 04/22/2008 - Action Deferred in Consumer & Employees Affairs Committee to summer study

Bill Text
Companion Bill SB3271. Workers' Compensation - Excludes from workers' compensation injuries that occur during recreational activities, are not required by the employer, and do not directly benefit the employer. - Amends TCA Section 50-6-110. Fiscal Summary for HB3710 / *SB3271 MINIMAL Bill Summary for HB3710 / *SB3271 Under present law, an employee is eligible for workers' compensation benefits for an injury that occurs in the course and scope of the employee's employment. This bill specifies that injuries incurred during an employee's recreational activities are not compensable by workers' compensation unless the employer either: (1) Expressly required participation or made the activity part of the services of the employee; or (2) The employer derives substantial direct benefit from the activity beyond the intangible value [...]

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HB3711 Sponsored by Craig Fitzhugh
Latest Action: 03/25/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB3155. Workers' Compensation - Allows a permanently totally disabled employee to relinquish the right to future medical benefits in a settlement under certain circumstances. - Amends TCA Title 50, Chapter 6, Part 2. Fiscal Summary for HB3711 / *SB3155Other Fiscal Impact - Authorizing lump-sum settlements in certain cases will result in an increase in state expenditures estimated to exceed $100,000 in the first year. However, expenditures by the state will decrease in subsequent years. Over the long-term it is estimated that the total amount paid by the state for such claims as a result of this bill will result in an overall decrease in state expenditures. Bill Summary for HB3711 / *SB3155 Present law prohibits the parties to a workers' compensation claim from compromising and settling future medical benefits for a period of three [...]

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HB3699 Sponsored by Curt Cobb
Latest Action: 04/01/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB2902. Workers' Compensation - Authorizes commissioner of commerce and insurance to provide by rule for alternative system of securing self-insured employers' aggregate liabilities through self-insurers security fund. - Amends TCA Section 50-6-405. Fiscal Summary for HB3699 / *SB2902Increase State Expenditures - Not Significant Bill Summary for HB3699 / *SB2902 PRESENT LAW Present law requires every employer under and affected by the Workers' Compensation Law to: (1) Insure and keep insured the employer's workers' compensation liability in some person or persons, association, organization, or corporation authorized to transact the business of workers' compensation insurance in this state; or (2) Possess a valid certificate of authority from the commissioner of commerce and insurance by furnishing satisfactory [...]

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HB3712 Sponsored by Craig Fitzhugh
Latest Action: 03/25/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB3177. Workers' Compensation - Revises commutation to lump sum payments of certain workers' compensation payments. - Amends TCA Section 50-6-229. Fiscal Summary for HB3712 / *SB3177 MINIMAL Bill Summary for HB3712 / *SB3177 Present law authorizes the filing of workers' compensation lawsuits in circuit or chancery court; however, present law authorizes circuit, chancery, and criminal courts to commute an award of workers' compensation periodic payments to one or more lump sum payments. In determining whether to commute an award to a lump sum, present law requires the trial court to consider whether the commutation will be in the best interest of the employee, and whether the employee can wisely manage and control the commuted award, regardless of whether special needs exist. Present law authorizes attorneys' fees [...]

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SB3886 Sponsored by Rusty Crowe
Latest Action: 04/15/2008 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text
Companion Bill HB3848. Workers' Compensation - Imposes various requirements on contracting agents who sell, lease, assign, transfer, or convey their lists of contracted health care providers and their contracted reimbursement rate; applies under the Workers' Compensation Law. - Amends TCA Section 50-6-204. Fiscal Summary for *SB3886 / HB3848MINIMAL Bill Summary for *SB3886 / HB3848 Present law authorizes the commissioner of labor and workforce development to establish a medical fee schedule for medical services that are provided through the workers' compensation system. The comprehensive medical fee schedule does not prohibit an employer, trust or pool, or insurer from negotiating lower fees in its own medical fee agreements. This bill requires that any lower fees paid for medical services furnished on or after January 1, 2009, must be [...]

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SB3862 Sponsored by Mark Norris
Latest Action: 01/31/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB3801.

Workers' Compensation - Limits definition of "injury" when it occurs at employee's residence to certain circumstances. - Amends TCA Section 50-6-102.

Fiscal Summary for *SB3862 / HB3801

Decrease State Expenditures - Not Significant/Risk Management Fund Decrease Local Expenditures - Not Significant


Bill Summary for *SB3862 / HB3801

Under present law, an employee is eligible for workers' compensation benefits for an injury that occurs in the course and scope of the employee's employment.

This bill specifies that an injury does not arise out of the course of an employee's employment if the injury occurs while the employee is on the employee's property, unless the employee is actively engaged in a defined work activity within an established immediate work area.
HB3676 Sponsored by Mike Turner
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB3466. Workers' Compensation - Establishes that the multiplier is 6.0 in cases involving an accident or injury caused by a TOSHA violation. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB3676 / *SB3466 MINIMAL Bill Summary for HB3676 / *SB3466 Under present workers' compensation law, when an employee has a compensable injury to the body as a whole, an arm, or a leg, or for most combinations of injuries to multiple body parts, the maximum permanent partial disability benefit that the employee is entitled to is limited based on the following formula: Impairment rating x (multiplier) x Maximum number of weeks of benefits x Average weekly wage = Maximum permanent partial disability benefit. If the employer returns the employee to work after the injury, at or above the employee's pre-injury wage, then the multiplier [...]

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HB3400 Sponsored by Curt Cobb
Latest Action: 05/01/2008 - Signed by Governor.

Bill Text
Companion Bill SB2944. Workers' Compensation - Removes the requirement that sponsoring associations submit to the commissioner of commerce and insurance on at least an annual basis confirmation that participants comply with requirements for qualifying as self-insurers. - Amends TCA Title 50. Fiscal Summary for HB3400 / *SB2944Decrease State Expenditures - Not Significant Bill Summary for HB3400 / *SB2944 Under the Workers' Compensation Law, 10 or more employers of the same group, with the permission of a trade or professional association board of directors, may enter into agreements to pool their liabilities for the purpose of qualifying as self-insurers. Present law establishes the requirements that must be met in order for the trade or professional association to qualify for the self-insurers pool. One such requirement is that the sponsoring organization [...]

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HB3436 Sponsored by Randy S. Rinks
Latest Action: 04/30/2008 - Placed on Subcommittee Calendar Budget of Finance, Ways and Means for 05/07/2008

Bill Text
Companion Bill SB3791. Workers' Compensation - Requires the administrator of the division of workers' compensation to review rather than reconsider an order of a specialist. - Amends TCA Title 50 and Title 56. Fiscal Summary for HB3436 / *SB3791 Decrease State Expenditures - Not Significant Bill Summary for HB3436 / *SB3791 This bill makes two technical corrections to present law concerning workers' compensation. This bill clarifies that an employee's signature is not required in order for the commissioner of labor and workforce development to dismiss a workers' compensation claim for failure to attend a benefit review conference after sending a copy of the order of dismissal by certified mail with return receipt requested to the employee's last known address. This bill also clarifies that an employee has the right to request "review" rather than [...]

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Latest Action: 03/12/2008 - Placed on Subcommittee Calendar Employee Affairs of Consumer and Employee Affairs for 03/18/2008

Bill Text
Workers' Compensation - Imposes various requirements on contracting agents who sell, lease, assign, transfer, or convey their lists of contracted health care providers and their contracted reimbursement rate; applies under the Worker's Compensation Law. - Amends TCA Section 50-6-204. Fiscal Summary for *HB3475Increase State Expenditures - Exceeds $155,000/ Risk Management Fund Other Fiscal Impact - Forgo savings which exceed $179,000 to the Risk Management Fund Forgo savings to local governments which exceed $1,000,000 Bill Summary for *HB3475 Present law authorizes the commissioner of labor and workforce development, in consultation with the medical care and cost containment committee and the advisory council on workers' compensation, to establish by rule a comprehensive medical fee schedule for fees of physicians and surgeons, hospitals, prescription drugs,[...]

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SB3271 Sponsored by Randy Mcnally
Latest Action: 04/24/2008 - Received from Senate, held on House desk.

Bill Text
Companion Bill HB3710. Workers' Compensation - Excludes from workers' compensation injuries that occur during recreational activities, are not required by the employer, and do not directly benefit the employer. - Amends TCA Section 50-6-110. Fiscal Summary for *SB3271 / HB3710 MINIMAL Bill Summary for *SB3271 / HB3710 Under present law, an employee is eligible for workers' compensation benefits for an injury that occurs in the course and scope of the employee's employment. This bill specifies that injuries incurred during an employee's recreational activities are not compensable by workers' compensation unless the employer either: (1) Expressly required participation or made the activity part of the services of the employee; or (2) The employer derives substantial direct benefit from the activity beyond the intangible value [...]

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SB3350 Sponsored by Doug Jackson
Latest Action: 04/21/2008 - Companion House Bill Substituted (sends Senate Bill to deAdopted bill file)

Bill Text
Companion Bill HB3170. Workers Compensation - Authorizes an employee to select the "operating surgeon and the attending physician" from the employer's panel, instead of the "operating surgeon or the attending physician". - Amends TCA Title 50, Chapter 6. Fiscal Summary for SB3350 / *HB3170 MINIMAL Bill Summary for SB3350 / *HB3170 ON APRIL 14, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3170, AS AMENDED. AMENDMENT #1 rewrites this bill. Under the present workers' compensation law, when an employee suffers a compensable work-related injury, the employer is required to present the employee with a panel of at least three physicians from which the employee is entitled to select the operating surgeon or the attending physician. This amendment specifically authorizes an employee to select the operating surgeon [...]

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SB3466 Sponsored by Beverly Marrero
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB3676. Workers' Compensation - Establishes that the multiplier is 6.0 in cases involving an accident or injury caused by a TOSHA violation. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB3466 / HB3676 MINIMAL Bill Summary for *SB3466 / HB3676 Under present workers' compensation law, when an employee has a compensable injury to the body as a whole, an arm, or a leg, or for most combinations of injuries to multiple body parts, the maximum permanent partial disability benefit that the employee is entitled to is limited based on the following formula: Impairment rating x (multiplier) x Maximum number of weeks of benefits x Average weekly wage = Maximum permanent partial disability benefit. If the employer returns the employee to work after the injury, at or above the employee's pre-injury wage, then the multiplier [...]

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SB3791 Sponsored by Joe Haynes
Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008

Bill Text
Companion Bill HB3436. Workers' Compensation - Requires the administrator of the division of workers' compensation to review rather than reconsider an order of a specialist. - Amends TCA Title 50 and Title 56. Fiscal Summary for *SB3791 / HB3436 Decrease State Expenditures - Not Significant Bill Summary for *SB3791 / HB3436 This bill makes two technical corrections to present law concerning workers' compensation. This bill clarifies that an employee's signature is not required in order for the commissioner of labor and workforce development to dismiss a workers' compensation claim for failure to attend a benefit review conference after sending a copy of the order of dismissal by certified mail with return receipt requested to the employee's last known address. This bill also clarifies that an employee has the right to request "review" rather than [...]

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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.

Bill Text
Companion Bill HB4040. Treasurer, State - Removes requirement for treasurer to maintain a separate reserve in the criminal injuries compensation fund for payments to victims of drunk drivers; specifies that requirement for insurers, employers, and self-insured pools to file an injured employee's wage statement does not apply to workers' compensation claims filed against the state; revises other various provisions regarding state workers' compensation claims and criminal injuries compensation. - Amends TCA Section 9-4-205(d), Section 9-8-307(a)(1)(K)(i), Sections 9-4-205(d), 9-8-307(a)(1)(K)(i), 29-13-105(a)(4), 29-13-118, 40-24-107(c), and 67-4-606(a). Fiscal Summary for *SB3500 / HB4040State Revenue - Net Impact - Not Significant Increase State Expenditures - $60,000/Criminal Injuries Compensation Fund Bill Summary for *SB3500 / HB4040 [...]

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HB2988 Sponsored by Harry Brooks
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Changes standard for denying workers' compensation benefits in cases involving alcohol and drug use from such use being a proximate cause of the injury or death to such use being a contributing cause of such injury or death. - Amends TCA Section 50-6-110.

Fiscal Summary for HB2988 / *SB3117

Increase State Expenditures - $39,800/Risk Management Fund

HB3170 Sponsored by Frank Buck
Latest Action: 05/01/2008 - Signed by Governor.

Bill Text
Companion Bill SB3350. Workers Compensation - Authorizes an employee to select the "operating surgeon and the attending physician" from the employer's panel, instead of the "operating surgeon or the attending physician". - Amends TCA Title 50, Chapter 6. Fiscal Summary for *HB3170 / SB3350 MINIMAL Bill Summary for *HB3170 / SB3350 ON APRIL 14, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3170, AS AMENDED. AMENDMENT #1 rewrites this bill. Under the present workers' compensation law, when an employee suffers a compensable work-related injury, the employer is required to present the employee with a panel of at least three physicians from which the employee is entitled to select the operating surgeon or the attending physician. This amendment specifically authorizes an employee to select the operating surgeon [...]

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SB2902 Sponsored by Paul Stanley
Latest Action: 01/29/2008 - Assigned to Gen. Sub of C,L&A comm

Bill Text
Companion Bill HB3699. Workers' Compensation - Authorizes commissioner of commerce and insurance to provide by rule for alternative system of securing self-insured employers' aggregate liabilities through self-insurers security fund. - Amends TCA Section 50-6-405. Fiscal Summary for *SB2902 / HB3699Increase State Expenditures - Not Significant Bill Summary for *SB2902 / HB3699 PRESENT LAW Present law requires every employer under and affected by the Workers' Compensation Law to: (1) Insure and keep insured the employer's workers' compensation liability in some person or persons, association, organization, or corporation authorized to transact the business of workers' compensation insurance in this state; or (2) Possess a valid certificate of authority from the commissioner of commerce and insurance by furnishing satisfactory [...]

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SB2944 Sponsored by Joe Haynes
Latest Action: 04/21/2008 - Companion House Bill Substituted (sends Senate Bill to deAdopted bill file)

Bill Text
Companion Bill HB3400. Workers' Compensation - Removes the requirement that sponsoring associations submit to the commissioner of commerce and insurance on at least an annual basis confirmation that participants comply with requirements for qualifying as self-insurers. - Amends TCA Title 50. Fiscal Summary for *SB2944 / HB3400Decrease State Expenditures - Not Significant Bill Summary for *SB2944 / HB3400 Under the Workers' Compensation Law, 10 or more employers of the same group, with the permission of a trade or professional association board of directors, may enter into agreements to pool their liabilities for the purpose of qualifying as self-insurers. Present law establishes the requirements that must be met in order for the trade or professional association to qualify for the self-insurers pool. One such requirement is that the sponsoring organization [...]

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SB2975 Sponsored by Mark Norris
Latest Action: 04/15/2008 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text

Workers' Compensation - Requires utilization review of medical services in workers' compensation cases to be done by a physician licensed in Tennessee in the same specialty as the physician providing the services. - Amends TCA Section 50-6-124.

Fiscal Summary for *SB2975 / HB3807

MINIMAL

SB2989 Sponsored by Roy Herron
Latest Action: 04/24/2008 - Received from Senate, held on House desk.

Bill Text
Companion Bill HB4160. Workers' Compensation - Exempts certain employers and employees from certain provisions of the Workers' Compensation Law on religious grounds. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB2989 / HB4160 MINIMAL Bill Summary for *SB2989 / HB4160 This bill authorizes employers to apply for exemption from the Workers' Compensation Act with respect to employees who provide a written waiver and an affidavit indicating that the employee is a member of a recognized religious sect that is conscientiously opposed to the acceptance of the benefits of public or private insurance. In the case of an employee who is a minor, this bill authorizes the minor's guardian to make the affidavit and waiver. NOTE: The word "employer" in the second sentence of ? 50-6-135(a) should be "employee." ON APRIL 21, 2008, THE [...]

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SB2990 Sponsored by Roy Herron
Latest Action: 04/08/2008 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text
Companion Bill HB4140. Workers' Compensation - Authorizes commissioner of labor and workforce development to reduce penalties in certain circumstances when an injured worker has been fully compensated and all medical expenses have been paid. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB2990 / HB4140Other Fiscal Impact - If the Commissioner of the Department of Labor and Workforce Development chooses to reduce or waive penalties for such violations, there will be a reduction in the penalty revenue received by the Uninsured Employers Fund. The magnitude of such reduction will depend upon the future decisions of the Commissioner but can reasonably be estimated to exceed $100,000. Reducing the amount of revenue received by the fund could result in a decreased reversion to the general fund. This Uninsured Employers Fund is funded, in part, by state appropriations.[...]

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SB3117 Sponsored by Tim Burchett
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text

Workers' Compensation - Changes standard for denying workers' compensation benefits in cases involving alcohol and drug use from such use being a proximate cause of the injury or death to such use being a contributing cause of such injury or death. - Amends TCA Section 50-6-110.

Fiscal Summary for *SB3117 / HB2988

Increase State Expenditures - $39,800/Risk Management Fund

Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB3711. Workers' Compensation - Allows a permanently totally disabled employee to relinquish the right to future medical benefits in a settlement under certain circumstances. - Amends TCA Title 50, Chapter 6, Part 2. Fiscal Summary for *SB3155 / HB3711Other Fiscal Impact - Authorizing lump-sum settlements in certain cases will result in an increase in state expenditures estimated to exceed $100,000 in the first year. However, expenditures by the state will decrease in subsequent years. Over the long-term it is estimated that the total amount paid by the state for such claims as a result of this bill will result in an overall decrease in state expenditures. Bill Summary for *SB3155 / HB3711 Present law prohibits the parties to a workers' compensation claim from compromising and settling future medical benefits for a period of three [...]

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SB3177 Sponsored by Jack Johnson
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB3712. Workers' Compensation - Revises commutation to lump sum payments of certain workers' compensation payments. - Amends TCA Section 50-6-229. Fiscal Summary for *SB3177 / HB3712 MINIMAL Bill Summary for *SB3177 / HB3712 Present law authorizes the filing of workers' compensation lawsuits in circuit or chancery court; however, present law authorizes circuit, chancery, and criminal courts to commute an award of workers' compensation periodic payments to one or more lump sum payments. In determining whether to commute an award to a lump sum, present law requires the trial court to consider whether the commutation will be in the best interest of the employee, and whether the employee can wisely manage and control the commuted award, regardless of whether special needs exist. Present law authorizes attorneys' fees [...]

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Latest Action: 01/23/2008 - Assigned to Gen. Sub of C,L&A Comm.

Bill Text

General Assembly - Requires special joint committee on workers' compensation to review and comment on any legislation referred to it within 30 calendar days. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for *SB3071 / HB3814

MINIMAL

SB2882 Sponsored by Joe Haynes
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB2494. Workers' Compensation - Authorizes a claim to be filed before a benefit review conference is held with no action to be taken on such claim until a benefit review conference is conducted. - Amends TCA Section 50-6-203. Fiscal Summary for SB2882 / *HB2494 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Bill Summary for SB2882 / *HB2494 Present law requires parties to a worker's compensation claim to exhaust the benefit review conference process before a party may file a civil suit in court. This bill specifies that an action prematurely filed by an employee will not be dismissed for failure to comply with the benefit review conference process and will be stayed until a conference can be held at the request of the employer. Any other action would be dismissed upon a properly filed motion [...]

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HB2571 Sponsored by Charles Curtiss
Latest Action: 04/30/2008 - Placed on Subcommittee Calendar Budget of Finance, Ways and Means for 05/07/2008

Bill Text
Companion Bill SB2650. Workers' Compensation - Defines the AMA guide for impairment ratings as the fifth edition instead of the most recent edition. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *HB2571 / SB2650 (CORRECTED) Increase State Expenditures - Exceeds $100,000 Increase Local Govt. Expenditures* - Exceeds $100,000 Bill Summary for *HB2571 / SB2650 ON MAY 7, ,2008, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 2650, AS AMENDED. AMENDMENT #3 rewrites this bill. The definition section of the Workers' Compensation Act specifies that, in the event of a release of a new edition of the AMA Guides in a given year, the new edition is deemed to be the most recent edition on January 1 of the year following its release. The edition that is in effect on the date the employee is injured is the edition that is applicable to [...]

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SB2650 Sponsored by Bill Ketron
Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008

Bill Text
Companion Bill HB2571. Workers' Compensation - Defines the AMA guide for impairment ratings as the fifth edition instead of the most recent edition. - Amends TCA Title 50, Chapter 6. Fiscal Summary for SB2650 / *HB2571 (CORRECTED) Increase State Expenditures - Exceeds $100,000 Increase Local Govt. Expenditures* - Exceeds $100,000 Bill Summary for SB2650 / *HB2571 ON MAY 7, ,2008, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 2650, AS AMENDED. AMENDMENT #3 rewrites this bill. The definition section of the Workers' Compensation Act specifies that, in the event of a release of a new edition of the AMA Guides in a given year, the new edition is deemed to be the most recent edition on January 1 of the year following its release. The edition that is in effect on the date the employee is injured is the edition that is applicable to [...]

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SB2668 Sponsored by Charlotte Burks
Latest Action: 01/16/2008 - Passed second consideration, Referred to Senate C,L&A Comm.

Bill Text
Companion Bill HB2490. Workers' Compensation - Allows for refiling a timely suit of workers' compensation claims. - Amends TCA Title 50, Chapter 6, Part 2. Fiscal Summary for SB2668 / *HB2490 Increase State Expenditures - $13,300,000/Second Injury Fund $ 14,800/One-Time/General Fund $122,300/Recurring/General Fund Bill Summary for SB2668 / *HB2490 Under this bill, any workers' compensation claim that is timely filed or re-filed against an employer or insurer will be deemed timely filed against the Tennessee second injury fund, if the second injury fund is joined: (1) At the time of the original filing as a named defendant; (2) At a later time as a party defendant; or (3) After a matter is re-filed because a judgment is rendered against the plaintiff upon any ground not concluding the [...]

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HB2490 Sponsored by Henry Fincher
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB2668. Workers' Compensation - Allows for refiling a timely suit of workers' compensation claims. - Amends TCA Title 50, Chapter 6, Part 2. Fiscal Summary for *HB2490 / SB2668 Increase State Expenditures - $13,300,000/Second Injury Fund $ 14,800/One-Time/General Fund $122,300/Recurring/General Fund Bill Summary for *HB2490 / SB2668 Under this bill, any workers' compensation claim that is timely filed or re-filed against an employer or insurer will be deemed timely filed against the Tennessee second injury fund, if the second injury fund is joined: (1) At the time of the original filing as a named defendant; (2) At a later time as a party defendant; or (3) After a matter is re-filed because a judgment is rendered against the plaintiff upon any ground not concluding the [...]

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HB2494 Sponsored by Henry Fincher
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB2882. Workers' Compensation - Authorizes a claim to be filed before a benefit review conference is held with no action to be taken on such claim until a benefit review conference is conducted. - Amends TCA Section 50-6-203. Fiscal Summary for *HB2494 / SB2882 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Bill Summary for *HB2494 / SB2882 Present law requires parties to a worker's compensation claim to exhaust the benefit review conference process before a party may file a civil suit in court. This bill specifies that an action prematurely filed by an employee will not be dismissed for failure to comply with the benefit review conference process and will be stayed until a conference can be held at the request of the employer. Any other action would be dismissed upon a properly filed motion [...]

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HJR0554 Sponsored by Mike Turner
Latest Action: 06/11/2007 - Received from House, Referred to Senate Delayed Bills Comm.

Bill Text

General Assembly, Studies - Creates a joint legislative study committee on issues relating to workers' compensation. -

Fiscal Summary for *HJR0554

Increase State Expenditures - $2,700 Each One Day Meeting


Bill Summary for *HJR0554

ON JUNE 7, 2007, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND ADOPTED HOUSE JOINT RESOLUTION 554, AS AMENDED.

AMENDMENT #1 reduces the number of members on the joint legislative study committee on issues relating to workers' compensation from 10 to eight by removing one member of the house of representatives and one member of the senate.

AMENDMENT #2 adds a requirement that the special joint study committee study the effect of the use of Medicare reimbursement rates as the basis for the Medical Fee Schedule and the impact that the Medical Fee Schedule has had to date on both injured workers and providers.



Latest Action: 06/06/2007 - Public Chapter 300

Bill Text
Companion Bill HB2307. Workers' Compensation - Revises various workers' compensation provisions, including provisions regarding second injury fund assessments when death results from the injury or occupational disease and provisions governing attorney's fees. - Amends TCA Section 50-6-204 and Section 50-6-226. Fiscal Summary for SB2259 / *HB2307MINIMAL Bill Summary for SB2259 / *HB2307 This bill clarifies that in all cases of death of an employee covered by workers' compensation where the employee leaves no dependents, the maximum benefit is $20,000 payable the deceased employee's estate plus medical, hospital, and funeral benefits. This bill also changes present law by removing the provision that requires employers to pay the second injury fund assessment in cases where death results from the work related injury or occupational disease.[...]

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HB1862 Sponsored by David Shepard
Latest Action: 02/22/2007 - Passed second consideration, Referred to Consumer & Employee Affairs

Bill Text
Companion Bill SB1762. Workers' Compensation - Limits commissioner of commerce and insurance's rulemaking authority to certain civil penalties with respect to improperly assessed workers' compensation premiums rather than applying also to requests and disputes generally involving insureds, insurers, and rate service organizations. - Amends TCA Section 56-5-309. Fiscal Summary for HB1862 / *SB1762Decrease State Expenditures - Not Significant Bill Summary for HB1862 / *SB1762 Present law requires every insurer or rate service organization to furnish to any insured affected by a rate published by it all pertinent information as to such rate, within a reasonable time after receipt of a written request and upon payment of a reasonable charge. This bill also requires every insurer and rate service organization to provide within this state reasonable means [...]

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HB2128 Sponsored by Craig Fitzhugh
Latest Action: 06/27/2007 - Companion became Public Chapter 513

Bill Text
Companion Bill SB1775. Workers' Compensation - Requires person who has drawn unemployment benefits and who later receives workers' compensation for same period to repay the unemployment benefits; revises grounds for civil penalty for failure to have a person with authority to settle dispute present at a benefit review conference. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB2128 / *SB1775Decrease State Expenditures - $204,000/Risk Management Fund Decrease Local Govt. Expenditures - Exceeds $200,000 Bill Summary for HB2128 / *SB1775 Under present law, when an injured employee is eligible to receive any permanent partial disability benefits for an injury to the body as a whole, an arm, a leg, or certain combinations of injuries, and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage [...]

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HB2129 Sponsored by Craig Fitzhugh
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB1797. Workers' Compensation - Permits limiting future medical benefits in certain circumstances; defines repetitive injuries and sets burden of proof for such injuries. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB2129 / *SB1797Decrease State Expenditures - $112,500/Risk Management Fund Decrease Local Govt. Expenditures - Exceeds $100,000 Bill Summary for HB2129 / *SB1797 This bill changes the burden of proof in workers' compensation claims for repetitive injuries and changes the requirements for setting the issue of future medical benefits. Under present law, the parties to a workers' compensation claim are not permitted to compromise and settle future medical benefits to which an employee is entitled for an injury to the body as a whole, an arm, a leg, or certain combinations of injuries, except in accordance [...]

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HB2307 Sponsored by Mike Turner
Latest Action: 06/06/2007 - Companion became Public Chapter 300

Bill Text
Companion Bill SB2259. Workers' Compensation - Revises various workers' compensation provisions, including provisions regarding second injury fund assessments when death results from the injury or occupational disease and provisions governing attorney's fees. - Amends TCA Section 50-6-204 and Section 50-6-226. Fiscal Summary for *HB2307 / SB2259MINIMAL Bill Summary for *HB2307 / SB2259 This bill clarifies that in all cases of death of an employee covered by workers' compensation where the employee leaves no dependents, the maximum benefit is $20,000 payable the deceased employee's estate plus medical, hospital, and funeral benefits. This bill also changes present law by removing the provision that requires employers to pay the second injury fund assessment in cases where death results from the work related injury or occupational disease.[...]

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HB1563 Sponsored by Charles Curtiss
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB1473.

Workers' Compensation - Revises certain requirements affecting second injury fund; corrects code section citation. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56.

Fiscal Summary for HB1563 / *SB1473

MINIMAL


Bill Summary for HB1563 / *SB1473

This bill removes the present law requirement that employers pay the second injury fund assessment in cases where death results from an injury or occupational disease that is compensable under the workers' compensation laws.

This bill also remove the present law provision that requires the commissioner of labor and workforce development to prepare a plan for a pilot project using private legal counsel to defend claims against the second injury fund.



HB1818 Sponsored by Jim Hackworth
Latest Action: 06/19/2007 - Companion became Public Chapter 378

Bill Text
Companion Bill SB0322. Workers' Compensation - Authorizes commissioner of labor and workforce development to issue order assigning temporary responsibility for paying benefits and loss adjustment expenses among insurance carriers when there is dispute as to which carrier should pay benefits. - Amends TCA Title 50 and Title 56. Fiscal Summary for HB1818 / *SB0322MINIMAL Bill Summary for HB1818 / *SB0322 This bill requires the commissioner of labor and workforce development, or the commissioner's designee, to order appropriate workers' compensation benefits to be paid on an equal basis by the insurance carrier and the self-insured employer in any case where: (1) An employer changes insurance carriers, becomes insured after having been self-insured, or having been insured, becomes approved to be self-insured; (2) The compensability [...]

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HB1568 Sponsored by Charles Curtiss
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB1477. Workers' Compensation - Revises procedures for reconsideration of specialists' order and administrator's order. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Fiscal Summary for HB1568 / *SB1477Increase State Expenditures - $319,000 Recurring $10,000 One-Time $73,000 Second Injury Fund/Recurring Bill Summary for HB1568 / *SB1477 Present law authorizes any party to a workers' compensation claim to appeal a workers' compensation specialist's order that denies workers' compensation benefits, or orders payment of workers' compensation benefits, to the administrator of the division of workers' compensation by filing a request for reconsideration. After receipt of a request for reconsideration of a specialist's order, an informal conference with [...]

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HB1822 Sponsored by Frank Buck
Latest Action: 06/19/2007 - Companion became Public Chapter 403

Bill Text
Companion Bill SB0425. Workers' Compensation - Clarifies that social security offset does not apply to death benefit in permanent total disability cases and requires that certain documents given to a specialist when considering initiation of temporary and medical benefits also be provided to the opposing party; authorizes fee for copies. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Fiscal Summary for HB1822 / *SB0425Increase State Expenditures - $81,300 Recurring $4,800 One-Time Bill Summary for HB1822 / *SB0425 Present law requires an offset against workers' compensation permanent total disability payments for any old age insurance benefit payments attributable to employer contributions that the injured employee receives from social security. This bill exempts death benefits that [...]

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HB1569 Sponsored by Charles Curtiss
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB1805. Workers' Compensation - Revises requirements for workers' compensation specialist to issue orders and procedures for utilizing independent medical examiners. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Fiscal Summary for HB1569 / *SB1805Increase State Expenditures - $319,000 Recurring $10,000 One-Time $73,000 Recurring/Second Injury Fund Bill Summary for HB1569 / *SB1805 Present law authorizes workers' compensation specialists to order the provision of workers' compensation benefits, including the medical and temporary disability benefits, from an employer or insurer to an injured employee. This bill limits authorization for workers' compensation specialists to order the provision of workers' compensation benefits, including [...]

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HB1571 Sponsored by Charles Curtiss
Latest Action: 02/21/2007 - Passed second consideration, caption bill, held on desk - pending amdt.

Bill Text
Companion Bill SB1222. Workers' Compensation - Removes non-voting ex-officio members from the advisory council on workers' compensation and requires rate service organizations to file certain rules with the advisory council. - Amends TCA Title 50 and Title 56. Fiscal Summary for HB1571 / *SB1222State Expenditures - Net Impact - Not Significant Bill Summary for HB1571 / *SB1222 Under present law, the chair and vice chair of the special joint committee on workers' compensation, the commissioner of labor and workforce development and the commissioner of commerce and insurance, or their designees, are ex officio, nonvoting members of the advisory council on workers' compensation. This bill removes this provision for nonvoting, ex officio members of the council. Present law authorizes the commissioner of commerce and insurance to designate [...]

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HB1603 Sponsored by Doug Overbey
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Redefines the commissioner's power in a workers' compensation case from assessing a civil penalty against a provider who refuses to return a payment that exceeds the fee schedule to assessing a civil penalty against a provider who fraudulently billed an amount that exceeds the fee schedule. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for HB1603 / *SB0496

MINIMAL

HB1635 Sponsored by Dennis Ferguson
Latest Action: 02/21/2007 - Passed second consideration, caption bill, held on desk - pending amdt.

Bill Text

Workers' Compensation - Requires that at least one employer representative on the advisory council on workers' compensation be from self-insured pools. - Amends TCA Title 50 and Title 55.

Fiscal Summary for HB1635 / *SB0446

MINIMAL

Latest Action: 03/18/2008 - Taken off notice for Calendar in Subcommittee Employee Affairs Consumer and Employee Affairs of Consumer &Employee Affairs

Bill Text
Companion Bill SB1746. Workers' Compensation - Revises definition of independent contractor to include certain documents that give rise to the presumption person is an independent contractor. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB1642 / *SB1746MINIMAL Bill Summary for HB1642 / *SB1746 Under present law, in order to determine whether an individual is an employee, a subcontractor, or an independent contractor, for purposes of determining eligibility for workers' compensation coverage, the following factors are considered: (1) The right to control the conduct of the work; (2) The right of termination; (3) The method of payment; (4) The freedom to select and hire helpers; (5) The furnishing of tools and equipment; (6) Self scheduling of working hours; and (7) The freedom to offer services [...]

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Latest Action: 02/21/2007 - Passed second consideration, Referred to Government Operations for review--Consumer & Employee Affairs

Bill Text
Companion Bill SB1747. Workers' Compensation - Establishes a Workers' Compensation Appeals Board for disputes arising out of application of the workers' compensation rating system in the department of commerce and insurance. - Amends TCA Title 56, Chapter 5. Fiscal Summary for HB1643 / *SB1747Increase State Expenditures - $107,200 Recurring $4,000 One-Time Bill Summary for HB1643 / *SB1747 Present law requires every insurer or rate service organization to, within a reasonable time after receipt of a written request and upon payment of a reasonable charge, furnish to any insured affected by a rate published by it, all pertinent information as to the rate. This bill exempts workers' compensation insurance from the requirement that rate information be provided to insured persons and instead requires that any person aggrieved by [...]

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Latest Action: 03/18/2008 - Taken off notice for Calendar in Subcommittee Employee Affairs Consumer and Employee Affairs of Consumer &Employee Affairs

Bill Text
Companion Bill SB1749. Workers' Compensation - Regulates the relationship between principal or general contractors and sole proprietors or partners as to requirements for carrying workers' compensation coverage on a sole proprietor or partner. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB1644 / *SB1749Increase State Revenues - $500,000 Increase State Expenditures - $179,350 Recurring $56,000 One-Time $4,350 Incarceration* Bill Summary for HB1644 / *SB1749 Under present law, sole proprietors and partners are not required to carry workers' compensation insurance on themselves. This bill specifies that when a sole proprietorship or partnership fails to elect to obtain workers' compensation coverage, the principal or general contractor is not liable for workers' compensation benefits for injuries sustained [...]

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Latest Action: 04/29/2008 - Received from House, Passed first consideration

Bill Text
Companion Bill SB1748. Workers' Compensation - Requires sole proprietors and partners in the construction industry to carry workers' compensation insurance on themselves. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB1645 / *SB1748Increase State Revenues - $200,000/General Fund $20,000/Earmarked to administer the provisions of the Tennessee Occupational Safety and Health Act Increase State Expenditures - Not Significant Bill Summary for HB1645 / *SB1748 ON MAY 17, 2007, THE SENATE ADOPTED AMENDMENT #2 AND RESET SENATE BILL 1748, AS AMENDED. AMENDMENT #2 removes the present law exemption from the workers' compensation insurance requirement for persons engaged in construction in Hancock and Hawkins counties and exempts from this bill sole proprietors and partners doing construction work on residential dwellings direct [...]

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HB1518 Sponsored by Jim Hackworth
Latest Action: 07/12/2007 - Companion became Public Chapter 543

Bill Text
Companion Bill SB1474. Workers' Compensation - Prohibits commissioner of labor and workforce development from considering physician ownership of facility providing services when setting comprehensive medical fee schedule. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB1518 / *SB1474MINIMAL Bill Summary for HB1518 / *SB1474 ON JUNE 12, 2007, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 1474, AS AMENDED. AMENDMENT #2 rewrites this bill. Present law authorizes the commissioner of labor and workforce development to develop rules for a comprehensive medical fee schedule and a related system which includes, but is not limited to, procedures for review of charges, enforcement procedures and appeal hearings to implement the fee schedule. This amendment prohibits any consideration of physician ownership of a facility providing [...]

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Latest Action: 03/18/2008 - Taken off notice for Calendar in Subcommittee Employee Affairs Consumer and Employee Affairs of Consumer &Employee Affairs

Bill Text
Companion Bill SB1745. Workers' Compensation - Authorizes sole proprietors and partners to choose to not be covered by workers' compensation. - Amends TCA Title 50, Chapter 6. Fiscal Summary for HB1646 / *SB1745Increase State Expenditures - Not Significant Bill Summary for HB1646 / *SB1745 Present law authorizes any sole proprietor or partner who devotes full time to the proprietorship or partnership to elect to be considered an employee for purposes of the workers' compensation law by filing written notice of the election with the division of workers' compensation at least 30 days before the occurrence of any injury or death. This bill authorizes sole proprietors and partners to file a notice of election not to be considered an employee for purposes of the workers' compensation law. Present law exempts all sole proprietors [...]

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HB1319 Sponsored by Ben West, Jr.
Latest Action: 03/21/2007 - Failed for Lack of Motion in: Industrial Impact of COM

Bill Text

Workers' Compensation - Requires that each company have its own workers' compensation experience rating based on the nature of the company and its workers' compensation claims. - Amends TCA Title 56, Chapter 5, Part 3.

Fiscal Summary for HB1319 / *SB0149

Increase State Expenditures - Not Significant

SB1474 Sponsored by Randy Mcnally
Latest Action: 07/12/2007 - Public Chapter 543

Bill Text
Companion Bill HB1518. Workers' Compensation - Prohibits commissioner of labor and workforce development from considering physician ownership of facility providing services when setting comprehensive medical fee schedule. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB1474 / HB1518MINIMAL Bill Summary for *SB1474 / HB1518 ON JUNE 12, 2007, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 1474, AS AMENDED. AMENDMENT #2 rewrites this bill. Present law authorizes the commissioner of labor and workforce development to develop rules for a comprehensive medical fee schedule and a related system which includes, but is not limited to, procedures for review of charges, enforcement procedures and appeal hearings to implement the fee schedule. This amendment prohibits any consideration of physician ownership of a facility providing [...]

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SB1805 Sponsored by Jim Tracy
Latest Action: 05/01/2007 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text
Companion Bill HB1569. Workers' Compensation - Revises requirements for workers' compensation specialist to issue orders and procedures for utilizing independent medical examiners. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Fiscal Summary for *SB1805 / HB1569Increase State Expenditures - $319,000 Recurring $10,000 One-Time $73,000 Recurring/Second Injury Fund Bill Summary for *SB1805 / HB1569 Present law authorizes workers' compensation specialists to order the provision of workers' compensation benefits, including the medical and temporary disability benefits, from an employer or insurer to an injured employee. This bill limits authorization for workers' compensation specialists to order the provision of workers' compensation benefits, including [...]

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SB1477 Sponsored by Jim Tracy
Latest Action: 05/01/2007 - Assigned to Gen. Sub of: Senate C,L&A Comm.

Bill Text
Companion Bill HB1568. Workers' Compensation - Revises procedures for reconsideration of specialists' order and administrator's order. - Amends TCA Title 4; Title 8; Title 9; Title 16; Title 41; Title 48; Title 50 and Title 56. Fiscal Summary for *SB1477 / HB1568Increase State Expenditures - $319,000 Recurring $10,000 One-Time $73,000 Second Injury Fund/Recurring Bill Summary for *SB1477 / HB1568 Present law authorizes any party to a workers' compensation claim to appeal a workers' compensation specialist's order that denies workers' compensation benefits, or orders payment of workers' compensation benefits, to the administrator of the division of workers' compensation by filing a request for reconsideration. After receipt of a request for reconsideration of a specialist's order, an informal conference with [...]

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SB1884 Sponsored by Doug Jackson
Latest Action: 03/02/2007 - Assigned to Gen. Sub of Senate C,L&A Comm.

Bill Text

Workers' Compensation - Requires Advisory Council on Workers' Compensation to comment on revisions to standards governing settlement of workers' compensation claims within 45 days and allows the special joint committee on workers' compensation to comment on such proposed revisions. - Amends TCA Title 50, Chapter 6.

Fiscal Summary for SB1884 / *HB1138

Increase State Expenditures - Not Significant

SB1672 Sponsored by Ron Ramsey
Latest Action: 06/19/2007 - Public Chapter 330

Bill Text

Workers' Compensation - Corrects cross-reference to definition section in the provision limiting the maximum total benefit. - Amends TCA Section 50-6-102 and Section 50-6-205.

Fiscal Summary for SB1672 / *HB0278

MINIMAL

SB1745 Sponsored by Bill Ketron
Latest Action: 04/09/2007 - Assigned to Gen. Sub of Senate C,L&A Comm.

Bill Text
Companion Bill HB1646. Workers' Compensation - Authorizes sole proprietors and partners to choose to not be covered by workers' compensation. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB1745 / HB1646Increase State Expenditures - Not Significant Bill Summary for *SB1745 / HB1646 Present law authorizes any sole proprietor or partner who devotes full time to the proprietorship or partnership to elect to be considered an employee for purposes of the workers' compensation law by filing written notice of the election with the division of workers' compensation at least 30 days before the occurrence of any injury or death. This bill authorizes sole proprietors and partners to file a notice of election not to be considered an employee for purposes of the workers' compensation law. Present law exempts all sole proprietors [...]

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SB1746 Sponsored by Bill Ketron
Latest Action: 04/09/2007 - Assigned to Gen. Sub of Senate C,L&A Comm.

Bill Text
Companion Bill HB1642. Workers' Compensation - Revises definition of independent contractor to include certain documents that give rise to the presumption person is an independent contractor. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB1746 / HB1642MINIMAL Bill Summary for *SB1746 / HB1642 Under present law, in order to determine whether an individual is an employee, a subcontractor, or an independent contractor, for purposes of determining eligibility for workers' compensation coverage, the following factors are considered: (1) The right to control the conduct of the work; (2) The right of termination; (3) The method of payment; (4) The freedom to select and hire helpers; (5) The furnishing of tools and equipment; (6) Self scheduling of working hours; and (7) The freedom to offer services [...]

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SB1747 Sponsored by Bill Ketron
Latest Action: 04/09/2007 - Assigned to Gen. Sub of Senate C,L&A Comm.

Bill Text
Companion Bill HB1643. Workers' Compensation - Establishes a Workers' Compensation Appeals Board for disputes arising out of application of the workers' compensation rating system in the department of commerce and insurance. - Amends TCA Title 56, Chapter 5. Fiscal Summary for *SB1747 / HB1643Increase State Expenditures - $107,200 Recurring $4,000 One-Time Bill Summary for *SB1747 / HB1643 Present law requires every insurer or rate service organization to, within a reasonable time after receipt of a written request and upon payment of a reasonable charge, furnish to any insured affected by a rate published by it, all pertinent information as to the rate. This bill exempts workers' compensation insurance from the requirement that rate information be provided to insured persons and instead requires that any person aggrieved by [...]

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HB1073 Sponsored by Mike Turner
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text
Companion Bill SB0849. Workers' Compensation - Establishes a conclusive presumption that a beryllium employee, employee with cancer or silicosis, or other employee covered under the federal Energy Employees Occupational Illness Compensation Act has an occupational disease for the purposes of state workers' compensation claim and employee or dependent is entitled to benefits; prohibits employers from raising defenses of notice, causation, or statute of limitations; places certain limits on claims; prohibits state or local government employees from making claims. - Amends TCA Title 50. Fiscal Summary for HB1073 / *SB0849Other Fiscal Impact - No direct impact on state or local governments. The University of Tennessee (UT) earns a fifty percent share of the management fee for the Oak Ridge National Laboratory (ORNL) through its fifty percent ownership of UT-Battelle, LLC,[...]

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SB1748 Sponsored by Bill Ketron
Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008

Bill Text
Companion Bill HB1645. Workers' Compensation - Requires sole proprietors and partners in the construction industry to carry workers' compensation insurance on themselves. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB1748 / HB1645Increase State Revenues - $200,000/General Fund $20,000/Earmarked to administer the provisions of the Tennessee Occupational Safety and Health Act Increase State Expenditures - Not Significant Bill Summary for *SB1748 / HB1645 ON MAY 17, 2007, THE SENATE ADOPTED AMENDMENT #2 AND RESET SENATE BILL 1748, AS AMENDED. AMENDMENT #2 removes the present law exemption from the workers' compensation insurance requirement for persons engaged in construction in Hancock and Hawkins counties and exempts from this bill sole proprietors and partners doing construction work on residential dwellings direct [...]

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HB1081 Sponsored by Mike Turner
Latest Action: 06/06/2007 - Action Deferred in Subcommittee Budget of Finance, Ways and Means to 6/7/2007

Bill Text
Companion Bill SB1044. Workers' Compensation - Modifies, effective July 1, 2007, the definition of "maximum total benefit" to exclude temporary total as well as permanent total disability and to set the maximum at 400 times the state's average weekly wage. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *HB1081 / SB1044Increase State Expenditures - Exceeds $3,500/Risk Management Fund Increase Local Govt. Expenditures - Exceeds $3,500* Bill Summary for *HB1081 / SB1044 This bill changes the maximum total benefit for certain injuries under workers' compensation. Present law provides the maximum total benefit for injuries occurring during specific periods. Present law sets the maximum total benefit for injuries occurring on or after July 1, 1992, at 400 weeks times the maximum weekly benefit, except in instances of permanent [...]

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SB1043 Sponsored by Lowe Finney
Latest Action: 05/14/2007 - Re-Referred to Senate Calendar Comm.

Bill Text

Workers' Compensation - Removes as non-voting ex-officio members of the advisory council on workers' compensation both the chair and vice chair of the special joint committee on workers' compensation and replaces them with the chair or co-chairs of the senate commerce labor and agriculture committee and the house consumer and employee affairs committee. - Amends TCA Title 50 and 56.

Fiscal Summary for SB1043 / *HB0595

MINIMAL

SB1749 Sponsored by Bill Ketron
Latest Action: 04/09/2007 - Assigned to Gen. Sub of Senate C,L&A Comm.

Bill Text
Companion Bill HB1644. Workers' Compensation - Regulates the relationship between principal or general contractors and sole proprietors or partners as to requirements for carrying workers' compensation coverage on a sole proprietor or partner. - Amends TCA Title 50, Chapter 6. Fiscal Summary for *SB1749 / HB1644Increase State Revenues - $500,000 Increase State Expenditures - $179,350 Recurring $56,000 One-Time $4,350 Incarceration* Bill Summary for *SB1749 / HB1644 Under present law, sole proprietors and partners are not required to carry workers' compensation insurance on themselves. This bill specifies that when a sole proprietorship or partnership fails to elect to obtain workers' compensation coverage, the principal or general contractor is not liable for workers' compensation benefits for injuries sustained [...]

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HB1138 Sponsored by Frank Buck
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Employee Affairs of Consumer and Employee Affairs of Consumer & Employees Affairs Committee

Bill Text

Workers' Compensation - Requires Advisory Council on Workers' Compensation to comment on revisions to standards governing settlement of workers' compensation claims within 45 days and allows the special joint committee on workers' compensation to comment on such proposed revisions. - Amen