Tenn. Comp. R. & Regs. 0800-02-05-.07 - BENEFIT REVIEW CONFERENCES

(1) A Request for Benefit Review Conference must be filed within the statute of limitations provided by Tenn. Code Ann. § 50-6-203.

(2) The Request for Benefit Review Conference shall be assigned to the Benefit Review office designated for the county where the employee lives unless otherwise designated by the Administrator for good cause shown.

(3) Scheduling of Benefit Review Conference:

(a) A Benefit Review Conference shall not be scheduled until Maximum Medical Improvement is reached, except upon request by a party and determination by a Workers' Compensation Specialist that extraordinary circumstances require otherwise.

(b) Scheduling of a Benefit Review Conference shall be within the time limitations provided by statute.

(c) All parties are required to cooperate in the scheduling of a Benefit Review Conference pursuant to Tenn. Code Ann. § 50-6-239.

(4) Notice and Response of Benefit Review Conference:

(a) Upon scheduling of a Benefit Review Conference, notice of date, time, and location shall be sent to all parties.

(b) Accompanying the notice of the Benefit Review Conference, the parties shall receive a standard discovery form showing all required information and documentation which shall be exchanged between the parties and the requirements for submitting such documentation.

(c) In cases involving a claim against the Second Injury Fund, the Fund shall receive notice of any Benefit Review Conference, and shall participate.

(5) Continuances

(a) Prior to Benefit Review Conference: A request for a continuance prior to a Benefit Review Conference may be granted upon a finding, in the sole discretion of the Specialist, that extraordinary circumstances require such continuance.

(b) After convening a Benefit Review Conference, a Workers' Compensation Specialist has the sole discretion to continue the conference.

(6) Conduct of the Benefit Review Conference

(a) The conduct of the Benefit Review Conference shall be in the control of the Workers' Compensation Specialist.

(b) Either party may be represented by an attorney, but legal representation is not required at a Benefit Review Conference.

(c) Only in a situation where a collective bargaining relationship or a memorandum of understanding exists between an employer and a collective bargaining agent may a representative of that collective bargaining agent appear with and assist an employee at the Benefit Review Conference. No provision of this chapter shall authorize a representative of a collective bargaining agent to engage in the "practice of law" or "law business", prohibited by Tenn. Code Ann. § 23-3-103, or Rules of the Tennessee Supreme Court, Rule 7, § 1.01, as a part of the informal mediation procedure set forth in this chapter unless the representative is an attorney licensed to practice law in the State of Tennessee.

(7) Preparation and submission of Documentation

(a) If a mediated settlement occurs, the Workers' Compensation Specialist shall prepare a mediated settlement agreement to be signed by the parties and by the Specialist at the time of the conference. The signed mediated settlement agreement shall be filed by the Specialist with the Commissioner. The Workers' Compensation Specialist is not required to prepare a mediated settlement agreement in cases involving the Second Injury Fund.

(b) If there is no settlement, the Specialist may declare an impasse. Upon declaring impasse, the Specialist shall prepare a written report pursuant to Tenn. Code Ann. § 50-6-240 to be provided to the parties and filed with he Commissioner.

Notes

Tenn. Comp. R. & Regs. 0800-02-05-.07

Original rule filed March 5, 1993; effective April 19, 1993. Amendment filed December 12, 1997; effective February 25, 1998. Repeal and new rule filed March 9, 2006; effective May 23, 2006.

Authority: T.C.A. §§ 4-5-202, 50-6-101 through 50-6-103, 50-6-206, 50-6-224, 50-6-233, and 50-6-236 through 50-6-242.