Tenn. Comp. R. & Regs. 0800-02-05-.01 - DEFINITIONS

The following definitions are for the purposes of this chapter only:

(1) "Act" means the Tennessee Workers' Compensation Act, 50-6-101 et seq., as amended.

(2) "Administrator" means the Chief administrative officer of the of the Workers' Compensation Division of the Tennessee Department of Labor and Workforce Development.

(3) "Benefit Review Conference" means a non-adversarial, informal dispute resolution proceeding to resolve workers' compensation disputes as provided in the Act.

(4) "Benefit Review Section" means the section of the Tennessee Department of Labor and Workforce Development, Workers' Compensation Division, which provides assistance regarding Workers' Compensation issues.

(5) "Commissioner" means the Commissioner of the Tennessee Department of Labor and Workforce Development or the Commissioner's designee.

(6) "Court" means any court which has jurisdiction to hear a workers' compensation case under Title 50, Chapter 6 of Tennessee Code Annotated.

(7) "Designated Discovery Attorney" means a Workers' Compensation Specialist employed by the Tennessee Department of Labor and Workforce Development who is an attorney currently licensed to practice law in Tennessee, is currently in good standing with the highest court of the state, and who is designated by the Commissioner to act pursuant to Tenn. Code Ann. § 50-6-236(i).

(8) "Designee" means any person whom the Commissioner indicates, selects, appoints, nominates, or sets apart for a purpose or duty.

(9) "Employee" shall have the same meaning as set forth in Tenn. Code Ann. § 50-6-102.

(10) "Employer" shall have the same meaning as set forth in Tenn. Code Ann. § 50-6-102.

(11) "Exhaustion of the Benefit Review Process" means completion of the statutorily-mandated Benefit Review Process as provided in Rule 0800-2-5-.09.

(12) "Party" means any person or entity which either could be liable for payment of workers' compensation benefits or a person who has a potential right to receive workers' compensation benefits. "Party" shall include a legal representative of a party.

(13) "Request for Assistance" means a request for a Workers' Compensation Specialist to gather information, analyze issues, facilitate resolution of disputed issues, and/or make a determination regarding temporary disability, medical benefits, causation, compensability and/or penalties.

(14) "Request for Benefit Review Conference" means a request for mediation of all issues related to the final resolution of a claim.

(15) "Responding party" means the party responding to a Request for Assistance or a Request for Benefit Review Conference filed with the Workers' Compensation Benefit Review Section.

(16) "Wage Statement" means the form prescribed by the Division of Workers' Compensation which will include all gross wages paid to an employee for a period up to fifty-two (52) weeks preceding the date of injury.

(17) "Workers' Compensation Specialist" or "Specialist" means a department employee who has the following authority, including but not limited to:

a) providing information regarding workers' compensation for employees, employers and medical providers;

b) investigating and analyzing issues related to workers' compensation claims;

c) issuing Orders Granting or Denying Benefits;

d) conducting Benefit Review Conferences to resolve disputed issues;

e) reviewing settlements for approval;

f) and performing other duties to achieve the purposes of the Act.


Tenn. Comp. R. & Regs. 0800-02-05-.01
Original rule filed March 5, 1993; effective April 19, 1993. Repeal and new rule filed March 9, 2006; effective May 23, 2006. Amendment filed December 12, 2007; effective April 29, 2008.

Authority: T.C.A. §§ 4-5-202, 50-6-101 through 50-6-103, 50-6-203, 50-6-206, 50-6-225, 50-6-233, and 50-6-236 through 50-6-242.

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