Section 0800-02-21-.22 - COMPENSATION HEARING(1) The compensation hearing will be conducted at the time and place specified in the scheduling order. Absent good cause, no motion for a continuance will be considered at the compensation hearing.(2) Ten (10) business days before the date of a compensation hearing or as otherwise directed by the judge, each party must file a prehearing statement either jointly or individually.(3) Concurrent with the submission of the prehearing statement, each party must file the following: (a) A copy of each proposed exhibit not previously filed, except for those intended for impeachment or rebuttal purposes; and(b) A copy of any expert's deposition transcript not previously filed that the party intends to introduce at the hearing.(4) With the exception of witness testimony and exhibits intended for impeachment or rebuttal purposes, no witness whose name and address was not included in the prehearing statement may testify at the hearing, and no exhibit excluded from the list of proposed exhibits in the prehearing statement may be presented at the hearing, unless permission to present the testimony or exhibit is granted by the judge. Permission may be granted only on finding that:(a) The party seeking to present the witness or exhibit did not have knowledge of the witness or exhibit before submitting the prehearing statement and could not have discovered the witness or exhibit despite reasonable investigation; and(b) Prohibiting the presentation of the witness or exhibit would result in prejudice.(5) Absent good cause, a party failing to provide a prehearing statement as required by these rules may be sanctioned by the judge, including prohibiting the party from introducing evidence or exhibits or calling witnesses, except for impeachment or rebuttal purposes.(6) Absent stipulation of the parties or by leave of Court, affidavits or Rule 72 declarations shall not be admissible at the compensation hearing.(7) Any party may request that the judge issue a decision on the record instead of convening an evidentiary hearing. Any party opposing the request for a decision on the record has ten (10) business days from the date the request is filed to file an objection with the clerk. If the judge determines a decision on the record is appropriate, the clerk will send a docketing notice to all parties detailing the actions required to prepare the case for a decision on the record.(8) During a compensation hearing, a judge may take testimony in any manner that is practical for the fair, effective resolution of the request for temporary disability and/or medical and/or permanent disability benefits, including testimony by telephone or video conference. Any party seeking permission to attend a hearing by telephone or present witness testimony by telephone or video conference must file a motion no later than ten (10) business days before the hearing.Tenn. Comp. R. & Regs. 0800-02-21-.22
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.