Tenn. Comp. R. & Regs. 0800-02-21-.15 - EXPEDITED HEARING

(1) When the parties dispute temporary disability and/or medical benefits, either party may file a hearing request. The hearing request must be accompanied by an affidavit or a T.R.C.P. Rule 72 declaration under penalty of perjury, which must contain a plain, concise statement of the facts and any other documents demonstrating the party is entitled to the requested relief. The party requesting an expedited hearing must list any witnesses it intends to call at the expedited hearing on the request form. The affidavit or Rule 72 declaration requirement is not met by the filing of an affidavit or Rule 72 declaration in which the party's attorney is the affiant or declarant. The party filing the hearing request may supplement its request with additional documents by filing them no later than fifteen (15) business days before the date of the expedited hearing.

(a) The party opposing the hearing request must file documents, including any affidavits or T.R.C.P. Rule 72 declarations, demonstrating the moving party is not entitled to the requested relief no later than ten (10) business days before the date of the expedited hearing. The party opposing the expedited hearing request must also provide a plain, concise statement detailing why the relief requested should not be granted and listing any witnesses it intends to call at the expedited hearing. The affidavit or Rule 72 declaration requirement is not met by the filing of an affidavit or Rule 72 declaration in which the party's attorney is the affiant or declarant.

(b) Evidence or witnesses not disclosed in accordance with this rule, except for witnesses or evidence intended for impeachment or rebuttal purposes, will not be considered unless good cause is shown for why the evidence/witness was not timely disclosed.

(c) The court will entertain requests for reasonable extensions of the deadlines in this rule. The request should be made by motion and filed with the clerk before the expiration of the time the party seeks to extend. Any response in opposition to the motion for extension of time must be filed with the clerk and served on all parties or their counsel within five (5) business days after the filing of the motion. The response must be in writing and state with particularity the grounds for the opposition. The motion will be decided on the written materials unless the judge determines argument is needed.

(d) Documents attached to the dispute certification notice and filed by the mediator with the clerk should not be refiled with the request for expedited hearing or the opposing party's response.

(e) Any party may request that the judge issue a decision on the record instead of convening an evidentiary hearing. Any party opposing the request for a decision on the record has ten (10) business days from the date the hearing request is filed to file an objection with the clerk. The judge may either set an evidentiary hearing or enter a decision on the record. If the judge determines that issuing a decision on the record is appropriate, the clerk will send a docketing notice to all parties with the docket number and the assigned judge. The clerk will also send information to the parties detailing the actions required to present the case for a decision on the record.

(2) Letters or written statements addressing medical causation and/or the reasonableness and necessity of treatment and medical bills signed by a physician are admissible at an expedited hearing and need not be in affidavit form. At a compensation hearing, these letters or statements, even if in affidavit form, may be excluded through valid objection under the Tennessee Rules of Evidence. This rule has no effect on the admissibility of a standard form medical report for industrial injuries (Form C-32) when properly presented at any hearing.

(3) A motion for summary judgment under Rule 56 of the Tennessee Rules of Civil Procedure may be filed only after a judge issues a scheduling order. The motion must also comply with these rules.

(4) During an expedited hearing, a judge may take testimony in any manner that is practical for the fair, effective resolution of the request for temporary disability and/or medical benefits, including testimony by telephone or videoconference. Any party seeking permission to attend a hearing by telephone or present witness testimony by telephone or video conference must file a motion no later than ten (10) business days before the hearing.

Notes

Tenn. Comp. R. & Regs. 0800-02-21-.15

Original rule filed April 1, 2014; effective June 30, 2014. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective 12/21/2023.

Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6-239; and Public Chapter 289 (2013), Sections 35, 73, and 106.