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Archive for 'Legislation'

Businesses take fight against workers’ comp rulings to Hill

By SHEILA BURKE, Staff writer for the Nashville Tennessean Telecommuters and employees who work out in company fitness centers won big with recent Tennessee Supreme Court decisions allowing them to collect workers’ compensation benefits. But the business community and insurance companies — industries that see the court decisions as costly and tipping the scales too [...]

Amicus Curiae Brief

The Tennessee Self-Insurers’ Association recently partnered with the Tennessee Chamber of Commerce & Industry and the Tennessee Defense Lawyers Association in preparing an amicus curiae brief and participating in oral argument before the Tennessee Supreme Court regarding the case of Wait v. Travelers. Wait was a case in the Davidson County court in which the [...]

Update on Self-Insured Rules

Following the meeting on Septmeber 18th at which the State Department of Commerce & Insurance accepted comments from interested parties regarding the initial draft of their Rules, the State has now indicated that the Rules will be redrafted taking into consideration the comments provided.  The redrafted Rules will then be published with another hearing held [...]

Medicare Set-Aside Agreements

Upon action of its Executive Committee, the National Council of Self-Insurers has contributed $5,000 toward the lobbying effort to achieve passage of the Medicare Secondary Payer and Workers’ Compensation Settlement Act of 2007.  The bi-partisan Act was introduced in the House of Representatives in May 2007 and, if passed, will resolve the serious delays and [...]

Tenn. Supreme Court Rules Marijuana Not a Factor in Worker’s Injury

By Rose French The Tennessee Supreme Court has ruled that a worker whose hand was crushed by machinery at his workplace was not to blame for the accident despite his admitted marijuana use off the job. Billy McIntosh was injured in 2004 while working for Interstate Mechanical Contractors Inc. in Knoxville when his left hand [...]

2007 Workers’ Compensation Legislative Changes

This is a general overview and does not include all workers’ compensation legislation passed by the General Assembly. For a complete, detailed review of this information and all workers’ compensation bills introduced in this legislative session, please go to www.legislature.state.tn.us. Read General Overview WC Wage Table

Bill passed by both the Senate and the House

TO TNSIA MEMBERS: SB1775/HB2128, which was drafted by our organization, was passed by both the Senate and the House last week.  The bill is attached here.  It addresses two problems.  First, there was a recent case that seemed to indicate that an employee could collect temporary total disability and unemployment at the same time.  This [...]

Legislative Update

SB1044/HB1081 was defeated in the Senate Committee yesterday and will not be going to the floor of either House. Thanks to all of you for your efforts in halting the advancement of this bill. Our bill, SB1775/HB2128 was sent to the floor of the Senate and the House, and should be on track for passage [...]

Legislative Update – Action Needed

SB1775/HB2128 has now been amended to do two things. First of all, it prohibits a person from collecting unemployment and temporary total disability benefits at the same time. If a person collects temporary total, that person has to pay back the unemployment benefits they received. Secondly, the bill requires an employee to negotiate in good [...]

Commissioner Flowers adopted the rule to regulate TPAs

All self insured employers should be made aware that Commissioner Flowers adopted the rule to regulate TPAs on November 26, 2005. It’s a fairly comprehensive rule which requires TPAs to do many of the things that insurance companies are required to do (i.e., obtain a certificate of authority, maintain proper books and records, hold monies [...]