Section 0800-02-05-.05 - DOCUMENTS TO BE PROVIDED UPON REQUEST OF WORKERS' COMPENSATION SPECIALIST(1) Upon request by the Workers' Compensation Specialist, a party to a Request for Assistance or a Request for a Benefit Review Conference shall provide all documentation relevant to resolution of the dispute both to the Specialist and to all parties, including but not limited to the following:(a) Medical Records, including impairment ratings given;(c) Employer's First Report of Injury;(e) Employment Application and/or Personnel records, including work status;(f) Statutory basis for denial and documentation supporting such;(g) Job Description/Analysis of employee's job prior to injury;(h) Education level of the employee;(i) Employment history of the employee;(k) Prior medical records of employee, including psychiatric records if relevant to the merits of the claim;(l) List of all the employee's prior workers' compensation claims; (m) List of any prior litigation the employee has been involved in;(n) List of any prior criminal convictions which would be admissible pursuant to the Tennessee Rules of Evidence;(2) Any party has an ongoing obligation to supplement and/or correct any documentation or information otherwise required by the Specialist to be produced.(3) Any unexcused failure to produce these documents as determined by the Administrator or Workers' Compensation Specialist will be subject to the penalty provisions contained in the workers' compensation law and/or these rules.Tenn. Comp. R. & Regs. 0800-02-05-.05
Original rule filed March 5, 1993; effective April 19, 1993. Repeal and new rule filed March 9, 2006; effective May 23, 2006.Authority: T.C.A. §§ 4-5-202, 50-6-101 through 50-6-103, 50-6-233, and 50-6-237 through 50-6-242.