Section 0800-02-05-.06 - DISCOVERY(1) Purpose and Scope The Division's Benefit Review process is designed to provide an informal, expeditious resolution to disputes between injured workers and employers. Parties involved in a workers' compensation case are strongly encouraged, where practicable, to attempt to achieve any necessary discovery informally, in order to avoid undue expense and delay in the resolution of the matter. When such attempts have failed, or where the complexity of the case is such that informal discovery is not practicable, a Workers' Compensation Specialist may request the assistance of the Designated Discovery Attorney.
(2) Methods of Discovery(a) For the purpose of conducting discovery as part of a Request for Assistance, the parties shall provide any documentation requested by a Workers' Compensation Specialist. The Workers' Compensation Specialist shall share all information provided with any party without privilege or confidentiality.(b) For the purpose of conducting discovery as part of a Benefit Review Conference, the parties shall complete a standard discovery form prescribed by the Commissioner. Completed copies shall be provided to each party and to the Workers' Compensation Specialist assigned to the case. In keeping with the principles of mediation, information and/or documentation presented and discussed during a Benefit Review Conference need not be shared with all parties.(3) Referral to Designated Discovery Attorney (a) Workers' Compensation Specialists may, at the request of either party, or in the Specialist's own discretion, refer a matter to the Designated Discovery Attorney within the Department.(b) If any of the items listed in these rules are not furnished as requested, the Workers' Compensation Specialist may request a subpoena for those items from the Designated Discovery Attorney. The Designated Discovery Attorney shall have the authority to issue a subpoena for such items.(c) The Designated Discovery Attorney may, in his/her discretion, authorize the use of any method of discovery provided for in the Act.(d) The Designated Discovery Attorney shall decide any motion relating to discovery. The Designated Discovery Attorney shall decide any request relating to all discovery under these Rules. Decisions on such discovery requests shall be final within the Department and are subject to enforcement by the Department as provided in Tenn. Code Ann.§ 4-5-311(b).(4) Any party has an ongoing obligation to supplement and/or correct any documentation or information otherwise required to be produced.(5) Sanctions for Failure to Comply with Orders and Subpoenas. Failure to comply with any lawful order or subpoena of the Designated Discovery Attorney may be deemed failure to comply with a Specialist's Order and thereby shall be cause for issuance of any or all civil penalties pursuant to Tenn. Code Ann. § 50-6-238. Additionally, the Designated Discovery Attorney may apply to the appropriate Circuit or Chancery court for an order to compel in the same manner as set forth in Tenn. Code Ann. § 4-5-311, which may result in contempt sanctions.Tenn. Comp. R. & Regs. 0800-02-05-.06
Original rule filed March 5, 1993; effective April 19, 1993. Amendment filed December 12, 1997; effective February 25, 1998. Repeal and new rule filed March 9, 2006; effective May 23, 2006. Amendment filed December 12, 2007; effective April 29, 2008.Authority: T.C.A. §§ 4-5-202, 4-5-311, 50-6-203, 50-6-236, and 50-6-238.