ADA Policy for Bureau Courts

Tennessee Bureau of Workers’ Compensation: Workers’ Compensation Appeals Board, Court of Workers’ Compensation Claims

Subject: Americans with Disabilities Act

It shall be the policy of the workers’ compensation court system to prohibit discrimination against any qualified individual based on physical or mental disability in accessing or participating in the court system The courts shall conduct their services, programs, or activities, when viewed in their entirety, in a manner that is readily accessible to qualified individuals with disabilities.

I. Authority:

42 U.S.C. 12131 et seq. (Americans with Disabilities Act).II. Purpose: To ensure that all individuals have equal access to the workers’ compensation court system and to prohibit discrimination against any individual because of physical or mental disability in accessing or participating in the court system.

III. Application:

Workers’ Compensation Appeals Board, Court of Workers’ Compensation Claims.

IV. Definitions:

  1.  Disability: With respect to an individual, a “disability” is a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
  2. Facility: A “facility” encompasses all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure or equipment is located.
  3. Individual with a disability: A person who has a disability.
  4. “Qualified individual with a disability” is an individual with a disability who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. 

V. Procedures:

  1. On receipt of a Request for Modification from a qualified individual with a disability or a person authorized to speak on his or her behalf, the courts will make reasonable modifications to their rules, policies, services, procedures, and practices when necessary to provide effective access to a qualified individual with a disability. A “reasonable modification” may include, but is not limited to, furnishing, at no charge, auxiliary aids and services, which include but are not limited to equipment, devices, materials in alternative formats, and qualified interpreters or readers; and relocating judicial programs, services or activities to alternate accessible facilities or alternate accessible sites. These modifications shall be designed to make each service, program, or activity, when viewed in its entirety, readily accessible to a qualified individual with a disability.
  2. If the reasonable modification requires relocation of a judicial program, service, or activity to an alternate facility or site, the alternate facility or site shall comply with the requirements of the Americans with Disabilities Act and the Tennessee Public Buildings Accessibility Act. The alternate facility or site shall also comply with Tennessee law about the location of county courthouses.
  3. The courts have an ADA Coordinator who oversees the administration of this policy, any complaints associated with this policy, and Requests for Modification under the Americans with Disabilities Act. The ADA Coordinator will have the ultimate responsibility for compliance with this policy.D. Persons requiring modification to access judicial programs, services, or activities at any facility used for these purposes should contact ADA Coordinator Lacy Conner by written Request for Modification. A telephone request is permissible, and the Coordinator shall commit telephone requests to writing and maintain a record of all Requests for Modification. A Request for Modification form is available from the ADA Coordinator or at Court of WC Claims. If appropriate or on request, the ADA Coordinator will assist with writing and submitting the written Request for Modification. Large print and Braille versions of the Request form are available. If appropriate, other personnel associated with the judicial program, service, or activity may assist the applicant with submitting a completed Request for Modification to the Coordinator. The written Request for Modification shall include a description of the person’s disability, the person’s role in the judicial proceeding, the modification sought, the date and time of the modification requested, and the judicial proceeding for which the modification is sought. Once a Request for Modification has been granted, the ADA Coordinator will advise the applicant how the modification will affect judicial proceedings. If necessary, the ADA Coordinator may require the applicant to provide additional information about the qualifying disability to determine the appropriate modification to meet the applicant’s needs, but only relevant information may be required to make the determination. The ADA Coordinator may not request information about the applicant’s disability that is unnecessary for the evaluation of the modification requested.
  4. An application requesting a modification may be submitted by any lawyer, party, witness, or other individual with an interest in attending any judicial program, activity, or service or another person on behalf of an interested person.
    The Request for Modification should be submitted with as much advance notice as possible but no fewer than ten (10) business days before the date for which the modification is sought. An immediate Request for Modification should be made when urgent and/or emergency circumstances arise.
  5. If a person requiring a modification has not made a timely Request for Modification, the court may upon good cause immediately grant the modification without an advance written request. In these cases, a Request for Modification form shall be completed by either the person requesting the modification, a person authorized to act on his or her behalf, or court personnel. Alternatively, the court may, for good cause, continue the judicial program, service, or activity affected. If a continuance is granted, the individual requesting the modification shall, as soon as practicable, submit a written request.
  6. The ADA Coordinator will, as soon as practicable, notify the requesting individual of the modification. An alternate modification may be offered instead of the requested modification if the ADA Coordinator determines that another equally effective modification is available.
  7. If the ADA Coordinator determines that additional time is necessary to achieve and/or obtain the modification, the ADA Coordinator shall notify the judge presiding over the case, who will determine an appropriate course of action.
  8. A Request for Modification may be denied if the ADA Coordinator finds that:
    1. The person making the request is not a qualified individual with a disability;
    2. The requested modification would create an undue financial or administrative burden;
    3. The requested modification would fundamentally alter the nature of the judicial program, service or activity;
    4. The requested modification would result in a statutory or regulatory violation;
    5. Some other modification is as effective and less costly or inconvenient;
    6. The applicant has refused to comply with this Policy; or
    7. The applicant’s failure to comply with this Policy makes the requested modification impossible or impracticable.
  9. No employee of the State of Tennessee shall retaliate against any person who exercises his/her rights under the Americans with Disabilities Act or who requests a modification under this Policy.
  10.  If the ADA Coordinator denies a Request for Modification or offers an unsatisfactory alternate modification, the applicant may appeal within ten days to the Administrator of the Bureau of Workers’ Compensation or his/her designee. A written request must include reasons for disagreement with the previous determinations and the remedy sought. The Administrator shall decide the request as quickly as possible. The Administrator is authorized to independently investigate the facts surrounding the appeal and has the discretion to use alternative dispute resolution processes, including but not limited to designating an appropriate neutral to mediate the dispute.