The Tennessee Workers Compensation Reform Act of 2013 applies to all workers’ compensation claims that are made on or after July 1, 2014. This new law is intended to streamline the workers compensation claim process while providing better protection and faster service to injured employees.  The Reform Act established a workers’ compensation division as its own autonomous unit, connected to the Tennessee Department of Labor strictly for administrative purposes.  All disputes concerning a workers’ compensation claim will go to the “Court of Workers Compensation.”  The administrator, appointed by the Governor, oversees the division and appoints mediators, judges, and appeals board.

Supervised mediation will be the first stop for all unsettled workers’ compensation claim disputes. Issues which remain unresolved at mediation then will be decided by workers’ compensation judges.  These determinations will be made without a jury.  The decisions of the judges may be appealed to the workers’ compensation appeals board.  Any decision made by the appeals board is appealable only to the Tennessee Supreme Court.

There is also a new physician selection process for employers where they will designate at least three (3) physicians in the community, when possible.  If not, then the employer is to select a physician within 100 miles of the community.  When a specialist is needed, the treating physician makes referrals.

There is also a Ombudsman Program to assist injured employees and employers in resolving claims-related disputes and protecting their rights in the workers comp administration process. This will be available to individuals not represented by an attorney.  Anyone who refuses to cooperate with the services provided by an ombudsman can be assessed a special penalty under the Reform Act.

When overhauling the system, Tennessee eliminated the Tennessee Workers Compensation Insurance Plan (TWCIP) and replaced it with NCCI’s Workers Compensation Insurance Plan.