Workers’ Comp Challenge

Changes to Tennessee’s workers’ compensation law were challenged in the state supreme court yesterday.

In 2004, state lawmakers revamped the worker’s comp system to keep and attract businesses. Now, all claims go through mediation, the maximum amount some injured workers can receive is lower, and the American Medical Association guidelines are interpreted differently. AMA guidelines are used to formulate the severity of a worker’s injury.

At yesterday’s hearing, attorney Dave Dunaway argued that under the new law, the AMA guidelines don’t take into consideration how workers can be affected differently by the same injury. For example, the effect of losing a limb may be more severe for a farm worker or machinist rather than an attorney.

“It should not be a one-to-one measure of disability, because you have many factors that influence vocational disability: age, training, vocation, experience, medical restrictions.”

Assistant state attorney general Juan Villasenor argued that overturning the law would be bad for Tennessee businesses.

“Allowing prompt resolution to worker’s compensation claims without litigation, reducing worker’s compensation premiums, and maintaining a competitive job environment in Tennessee, all of which were concerns raised by Governor Bredesen and by the legislature.”

The worker’s comp changes have been cited as reasons that businesses either expanded or relocated to Tennessee.