compensation hearing will be conducted at the time and place specified in the
scheduling order. Absent good cause, no motion for a continuance will be
considered at the compensation hearing.
(2) Ten (10) business days before the date of
a compensation hearing or as otherwise directed by the judge, each party must
file a prehearing statement either jointly or individually.
Concurrent with the submission of the
prehearing statement, each party must file the following:
(a) A copy of each proposed exhibit not
previously filed, except for those intended for impeachment or rebuttal
(b) A copy of any
expert's deposition transcript not previously filed that the party intends to
introduce at the hearing.
With the exception of witness testimony
and exhibits intended for impeachment or rebuttal purposes, no witness whose
name and address was not included in the prehearing statement may testify at
the hearing, and no exhibit excluded from the list of proposed exhibits in the
prehearing statement may be presented at the hearing, unless permission to
present the testimony or exhibit is granted by the judge
. Permission may be
granted only on finding that:
(a) The party
seeking to present the witness or exhibit did not have knowledge of the witness
or exhibit before submitting the prehearing statement and could not have
discovered the witness or exhibit despite reasonable investigation;
(b) Prohibiting the
presentation of the witness or exhibit would result in prejudice.
(5) Absent good cause, a party
failing to provide a prehearing statement as required by these rules may be
sanctioned by the judge, including prohibiting the party from introducing
evidence or exhibits or calling witnesses, except for impeachment or rebuttal
(6) Absent stipulation of
the parties or by leave of Court, affidavits or Rule 72 declarations shall not
be admissible at the compensation hearing.
(7) 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 request is filed to file an objection with the clerk. If
the judge determines a decision on the record is appropriate, the clerk will
send a docketing notice to all parties detailing the actions required to
prepare the case for a decision on the record.
(8) During a compensation 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 and/or
permanent disability benefits, including testimony by telephone or video
conference. 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.
Tenn. Comp. R. & Regs. 0800-02-21-.22
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. §§
50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and