Tennessee Workers' Comp Handbook Table of Contents

COVERAGE ISSUES
The Employment Relationship
Definition of Employee
Minors
Unlawful Employment
Corporate Officers
Sole Proprietors and Partners
Definition of Employer
Contract of Hire
Exemptions to Coverage
Common Carriers
Casual Employees
Domestic Servants and Farm or Agricultural Laborers
Businesses with Less Than Five Employees
Governmental Entities
Volunteer Ski Patrol Persons
Waivers of Coverage
Special Employment Relationships
Dual and Joint Employment
Loaned Employees
Independent Contractors
Statutory Employers
Coverage by Agreement

COMPENSABLE INJURIES
Injury by Accident
Going to and from Work
Traveling Employees
Exposure to Elements
Personal Comfort Activities
Acts of God
Horseplay
Meal and Break Periods
Recreational Activities
Emergencies
Assaults
Idiopathic Injuries
Proof of Medical Causation
Proof of Permanency
Use of AMA Guides
Gradual Injuries
Heart Attacks and Strokes
Law Enforcement Officers
Psychological and Emotional Injuries
Hernias
Aggravation of Pre-Existing Conditions
Last Injurious Injury Rule - Successive Employers and Insurance Carriers
Subsequent Intervening Causes

OCCUPATIONAL DISEASES
Statutory Requirements
Distinguished from Injury by Accident
Aggravations of Pre-Existing Conditions or Diseases
Last Injurious Exposure Rule - Successive Employers and Insurance Carriers
Notice of Contraction
Statute of Limitations
Federal Black Lung Benefits

MEDICAL BENEFITS
Employer's Liability
Employee's Duties
Physician's Obligations
Reasonableness of Fees and Charges
Resolution of Disputes
Case Management Requirements

DISABILITY BENEFITS
Definition of Average Weekly Wage and Maximum Weekly Benefit
Temporary Total Disability
Commencement and Duration
Benefit Review Procedures
Temporary Partial Disability
Permanent Partial Disability
Scheduled Injuries
Concurrent Injuries
Disfigurement
Body as a Whole Injuries
Statutory Multipliers
Permanent Total Disability
Relationship to Death Claim
Maximum Benefit

DEATH BENEFITS
Presumed Dependency
Actual Dependency
Partial Dependency
Distribution of Benefits
Modification and Termination of Benefits

SECOND INJURY FUND
Purpose and Effect
Prior Disabilities Subsection (a)
Previous Permanent Disability
Knowledge of Employer
Calculation and Apportionment of Benefits
Prior Awards Subsection (b)
Previous Workers Comp
Calculation and Apportionment of Benefits
Procedure in Claims Against the Second Injury Fund
Interaction of Subsection (a) and (b)

DEFENSES
Notice of Injury
Statutory Requirements
Sufficiency of Notice
Timeliness of Notice
Reasonable Delay or Excuse
Waiver and Estoppel
Statute of Limitations
Statutory Requirements
Injury by Accident
Occupational Disease
Tolling the Statute
Reasonable Delay or Excuse
Waiver and Estoppel
Willful Misconduct
Willful Intoxication or Illegal Drug Use
Tennessee Drug-Free Workplace Act
Willful Failure to Use Safety Device
Willful Failure to Perform a Duty Required by Law
Misrepresentation
Unavailable Defenses

SUBROGATION AND THIRD PARTY ACTIONS
Employer Against Third Party
Third Party Claims Against an Employer

PRACTICE AND PROCEDURE
Jurisdiction
Extra-Territorial Jurisdiction
Pleadings
Venue
Settlements
Benefit Review Procedures
Evidence and Burden of Proof
Medical Testimony and Records
Summary Judgment
Attorneys Fees and Costs
Judgments
Modifications, Reconsideration and Reopening of Awards
Assignment of Benefits
Interest
Lump Sum Awards
Appellate Review

INSURANCE COVERAGE AND RELATED ISSUES
Coverage Requirements
Certificate of Compliance
Penalties
Claims Management Regulations
Safety Committees
Workers' Compensation Fraud Act

INTERACTION OF TENNESSEE WORKERS' COMPENSATION LAW AND EMPLOYMENT LAW
Retaliatory Discharge
Americans with Disabilities Act
Family and Medical Leave Act