Section 0800-02-30-.08 - COURT OF WORKERS' COMPENSATION CLAIMS PROCESSES(1) The Court of Workers' Compensation Claims will follow statutory guidelines, existing hearing procedures and protocol for expedited hearings and compensation hearings.(2) The Court of Workers' Compensation Claims may consider the investigator's report and if applicable the medical causation report regarding whether the employer had coverage on the date of the employee's injury. Under Rule 0800-02-21-.26, an Expedited Request for Investigation Report signed and dated by a compliance specialist is a self-authenticating document/government record that is admissible in all court hearings.(3) The Court of Workers' Compensation Claims will make findings consistent with T.C.A. § 50-6-801(d) and include specific language in the order as to whether these statutory requirements have been met. The Court will also make specific findings in the order regarding the amount of attorney fees to be paid by the Fund, and that amount shall not exceed 20% of the available $20,000.00 in temporary disability benefits paid by the Fund.(4) If settled through mediation, the Court will conduct an approval hearing for the proposed settlement of temporary disability and medical benefit issues. The Court may approve or deny the proposed settlement agreement.(5) If the claim is not settled through mediation, upon receipt of the Court's order, the UEF benefit coordinator will transmit the file to the Third-Party Administrator for investigation and servicing. The Third-Party Administrator will prepare and submit a report regarding the payment of benefits to the UEF benefit coordinator. The UEF benefit coordinator will submit the report to the Bureau Administrator for review and consideration for possible payment of benefits.Tenn. Comp. R. & Regs. 0800-02-30-.08
Original rules filed January 2, 2019; effective April 2, 2019. Amendments filed February 2, 2022; effective 5/3/2022.Authority: T.C.A. §§ 50-6-239, 50-6-801, 50-6-802, and 50-6-803.