Event
August 5, 2025
11:00 am to 11:30 am CDT
Location
220 French Landing Drive Tennessee Room (1A) Nashville, TN 37243
Contact
Public Notice
The Tennessee Bureau of Workers’ Compensation will be conducing a rulemaking hearing for the proposed amended rules for Chapter 0800-02-21, Court of Workers' Compensation Claims and Alternative Dispute Resolution.
View a PDF of the Notice of Rulemaking Hearing with proposed rules.
How to Join
Call In
To join by phone, dial +1 629-209-4396 then enter the ID number: 537 097 156#
When dialing in, be ready to give your full name and the organization that you represent.
In Person
If attending in-person, please bring identification so that you may be checked into the building.
220 French Landing Drive
Tennesse Room
Nashville, TN 37243
In Writing
If you prefer to submit comments in writing, you may address comments about these proposed rules to Amanda.Terry@tn.gov by Tuesday, August 19, 2025.
Why is this important?
These rules govern the procedures for workers' compensation disputes before the Court of Workers' Compensation Claims to ensure an efficient, expedient, and fair resolution for all parties. They establish a clear and consistent framework for every step of the litigation process, from filing a claim and mediating a dispute to appearing before a judge and settling a case.
What changes are proposed?
The proposed changes primarily focus on modernizing procedures, clarifying party responsibilities, and altering rule consistent with recent statutory changes. Key updates could include mandating the use of the TNComp electronic filing system for attorneys, allowing judges, in their discretion, to consider uncertified issues from mediation, and allowing the Bureau Administrator to terminate Ombudsman services in cases of verbal or physical abuse of an ombudsman.
Who might this impact?
These updates could directly impact injured workers, employers, insurance carriers, and the attorneys who represent them in the workers' compensation system. Attorneys would need to adjust to mandatory electronic filing, employers would provide document translation services, and all participants would operate under revised hearing and settlement procedures.
Summary of Proposed Changes
- Mandatory E-Filing: Requires that attorneys use the TNComp electronic system for all case filings after a dispute certification notice has been filed.
- Employer-Paid Translation: Consistent with our interpretation rule, a proposed new provision would require employers to arrange and pay for the translation of written documents whenever a judge deems it necessary.
- Ombudsman Conduct: The Bureau’s Administrator would be granted new authority to terminate ombudsman services for any party who engages in verbal or physical abuse of an ombudsman.
- Judicial Discretion: Consistent with the recent statutory change, judges would have the discretion to permit parties to present issues at a hearing even if those issues were not certified by the mediator.
- Settlements on Appeal: Consistent with the present rule appellate rule for cases on appeal, a settlement could not be approved by a workers' compensation judge until the case has been formally remanded from the higher court.
- Case Management: After 60 days from DCN issuance, the judge may set a hearing to determine the intention of the parties. Nothing prohibits a judge from holding such hearing earlier than 60-days from the DCN issuance.
- Mediation Attendance: A suggested change would give the assigned mediator final decision-making authority on who can attend a mediation if the parties cannot agree.
- Evidence Deadlines: The proposal includes extending the deadline for filing medical records in expedited hearings from ten (10) to fifteen (15) business days before the hearing.