Bill > SB1981

This bill makes several changes to Tennessee's workers' compensation laws, including allowing employees to pursue wrongful death claims against employers in cases of gross negligence or criminal conduct, which means an employer's actions that show a conscious, reckless disregard for an employee's safety or that violate felony or serious misdemeanor laws, and these claims can be pursued in addition to workers' compensation benefits. It also waives an employer's right to recover attorney fees and a subrogation lien, which is a claim against a third party for reimbursement, if the employer disputes the medical cause, permanency, or extent of an employee's work injury using a medical opinion not from the employee's designated physician (form C-42 panel physician). Additionally, the bill increases the percentage of wages used to calculate certain disability benefits from 66.67% to 75%, introduces new provisions for calculating increased benefits for employees who don't return to work or earn less after an injury, and allows employees to seek permanent total disability benefits even after receiving an initial award, with employers receiving credit for prior payments. Finally, it increases penalties for employers who wrongfully deny claims or fail to provide benefits, defining "wrongfully" as erroneously or incorrectly, and adjusts the percentage of benefits that can be awarded in such cases.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB1981&ga=114