Thu
Mar 3 2011
08:18 am

Bill Nbr: SB0932
Sponsor: Norris
Status:
Next sched. action:

Description:

This bill modifies state Worker's Compensation law to streamline claims processing and also makes it easier for employers to pressure employees to settle their claims out of court and to give up their rights to future medical claims "based upon clear and convincing evidence compensability is a contested issue and has been raised in good faith as a potentially valid defense by the employer" during the settlement process.

The bill also redefines "personal injury" and makes it more difficult for employees to prove work related injury. For example, it specifically singles out hearing loss, carpal tunnel syndrome and other repetitive motion injuries, saying they "are not occupational diseases but are ordinary diseases of life*, which are not compensable under this chapter" unless the injured employee can prove it is work related and not caused by other non-work related activity.

The Tennessee Chamber of Commerce and Industry identified this as one of their top ten legislative initiatives for 2010.

*A bill with exactly the same language was introduced in Virginia, and similar bills have been introduced in Arkansas, Kentucky, Ohio and Illinois. (Source)

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