Tenn. Comp. R. & Regs. 0800-02-21-.02

Current through October 22, 2024

Section 0800-02-21-.02 - DEFINITIONS

(1) Administrator. The chief administrative officer of the Bureau of Workers' Compensation.

(2) Appeals Judge. A judge of the workers' compensation appeals board.

(3) Appeals Board. The workers' compensation appeals board.

(4) Bureau. The Bureau of Workers' Compensation.

(5) Catastrophic Injury. For the purposes of this chapter only, any of the following injuries is catastrophic:

(a) Spinal cord injury involving severe paralysis of an arm, leg, trunk, or any combination of these;

(b) Amputation of an arm, hand, foot, leg, or any combination of these involving the effective loss of use of that appendage;

(c) Severe brain or closed-head injury evidenced by:

(i) Severe sensory or motor disturbances;

(ii) Severe communication disturbances;

(iii) Severe complex integrated disturbances of cerebral function;

(iv) Severe disturbances of consciousness; or

(v) Severe episodic neurological disorders;

(d) Second- or third-degree burns to twenty-five percent (25%) or more of the whole person or third-degree burns to five percent (5%) or more of the face or hands;

(e) Total or industrial blindness; or

(f) Total loss of hearing.

(6) Chief Judge. Supervises the judges and coordinates all activities in the court of workers' compensation claims.

(7) Claim. An employee's request for benefits available under the Workers' Compensation Law.

(8) Clerk. Unless otherwise provided, the clerk of the court of workers' compensation claims and any deputy clerk.

(9) Compensation Hearing. A trial conducted to fully resolve all pending issues on the merits including but not limited to disability and/or medical benefits.

(10) Compensation Order. An order by a judge that fully resolves all pending issues of the claim including but not limited to additional permanent disability benefits and/or additional medical benefits. A judge may issue a compensation order based on a decision on the record.

(11) Court. The court of workers' compensation claims.

(12) Decision on the Record. A decision by a judge based on a review of the written materials without an evidentiary hearing.

(13) Dispute Certification Notice. The notice the mediator files with the clerk after alternative dispute resolution that identifies the issues for a judge's determination.

(14) Electronic Signature. A document submitted by electronic transmission signed or verified electronically in the manner approved by the bureau.

(15) Expedited Hearing. A hearing conducted before a trial on the merits to determine temporary disability and/or medical benefits. A judge may issue an expedited hearing order based on a decision on the record. An expedited hearing is not the appropriate procedure for the Court to determine post-settlement or post-judgment medical issues.

(16) Filed.

(a) For purposes of this chapter, a document is considered filed:

1. On the date and time received by the clerk if hand-delivered to any bureau office during normal business hours;

2. On the date postmarked to the clerk if sent by U.S. certified or registered mail, return receipt requested, or its equivalent;

3. On the date the document reaches the clerk if transmitted by first-class mail, facsimile, or by electronic transmission approved by the bureau; or

4. On the date and time filed in TNComp, the bureau's electronic filing system.

(b) For purposes of this chapter, a petition for benefit determination is considered filed when received as listed in subparagraph (a) and contains the required information set forth in Rule 0800-02-21-.02(23).

(17) Hearing Request. A form filed by either party requesting a status, scheduling, compensation, or expedited hearing. Either party may file a hearing request after the mediator issues a dispute certification notice.

(18) Interlocutory Order. Any order by a judge that does not dispose of the case in its entirety.

(19) Judge or Workers' Compensation Judge. A judge of the court of workers' compensation claims.

(20) Mediating in Good Faith. Appearing at a mediation and demonstrating honest and sincere attempts to find a resolution to the dispute.

(21) Ombudsman. A bureau employee who assists any unrepresented party.

(22) Ombudsman Attorney. A bureau attorney who provides limited legal advice to any unrepresented party.

(23) Petition for Benefit Determination.

(a) A petition for benefit determination (PBD) is a written request for the bureau to assist in resolution of disputed issues and is the document that initiates the litigation process as described in Tennessee Code Annotated section 50-6-203. Any party may file a petition as provided under Tennessee Code Annotated section 50-6-203 on a form approved by the Administrator at any time after a dispute arises.

(b) A petition for benefit determination is considered filed for the purposes of Tennessee Code Annotated section 50-6-203 only if it contains all the following information:

1. Identifying information of the employee and employee's attorney, if applicable;

2. The name of the employer;

3. The date of the alleged injury or accident;

4. A short plain statement describing the alleged injury or accident;

5. The signature of the employee, employee's attorney, employer, or employer's attorney.

(24) Scheduling Hearing. A hearing where the judge considers efficient processing of the case and issues a scheduling order containing a discovery plan, including but not limited to dates for post-discovery alternative dispute resolution and the compensation hearing.

(25) Status Hearing. A hearing where the judge considers the efficient processing of the case.

(26) Unserved petition for benefit determination. A complete petition for benefit determination that the filing party has not served on the other party(s) in the case.

Tenn. Comp. R. & Regs. 0800-02-21-.02

Original rule filed April 1, 2014; effective June 30, 2014. Amendments filed September 1, 2016; effective November 30, 2016. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective 12/21/2023.

Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6-239; and Public Chapter 289 (2013), Sections 73, 76, 79, 82, 83, and 106.