Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
May 13, 2004
Workers’ comp bill passes House; Senate to vote soon
The governor’s plan to change workers’ compensation law is moving closer to becoming reality, with House approval and passage by key Senate committees. A vote in the full Senate , where it is expected to pass, will likely come next week.
While the bill was passing the House 82-14 Wednesday, the Senate’s Commerce Agriculture and Labor Committee was hearing a number of amendments to alter the bill. An amendment based on a report from the TBA’s Special Workers’ Comp Committee came closest to passage. None of the amendments which would have made any material change won approval.
The proposal from the TBA concerned the governor’s call for a mandatory Benefit Review Conference before a suit could be filed. The TBA-backed amendment would have allowed necessary discovery to take place before these conferences so that they would be more meaningful. The amendment failed on a 5-4 vote. The amendment was championed by Sen. Larry Trail, D- Murfreesboro.
The most troubling aspect of the discussions, TBA observers say, is that it appeared that one of the goals was to keep lawyers out of the process as much as possible. The argument that involving lawyers in the process prevents cases from being settled and adds to the costs is simply not accurate. Lawyers want to settle cases. That’s what they do.
Limiting the involvement of lawyers also could be a hardship for injured workers, who sometimes have to face a complicated system while vulnerable from their injuries and related economic pressures.
The amendment would have also altered how disability opinions developed through the independent medical evaluation (IME) process are considered. The way the bill is written, the IME opinion cannot be rebutted without “clear and convincing” evidence. The TBA-backed amendment would have replaced that with the
normal civil standard of “preponderance” of evidence.
Probate bill on the move
The Omnibus Probate bill (SB2599, HB2639) received unanimous support from the Senate Judiciary Committee and should be on the floor for a full Senate vote on Wednesday, the next date the body is scheduled to meet. The bill has already been passed by the full House.
Adjournment near
Observers expect the 103rd General Assembly to adjourn sine die next Wednesday or Thursday.
Keep up to date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
