Amends TCA Title 9, Chapter 8, Part 3; Title 29, Chapter 34; Title 29, Chapter 20; Title 49 and Title 50, Chapter 6.
The Tennessee COVID-19 Recovery Act presently bars claims for damages arising from COVID-19, unless the claimant proves by clear and convincing evidence that the defendant proximately caused the damages by an act or omission constituting gross negligence or willful misconduct. The Tennessee COVID-19 Recovery Act will be repealed effective July 1, 2022. This bill excepts damages caused by or resulting from an immunization, vaccination, or injection for COVID-19 from the definition of "arising from COVID-19" under the Act, so that a person will not be required to prove gross negligence or willful misconduct by the defendant in order to prevail in a claim based on damages caused by or resulting from an immunization, vaccination, or injection for COVID-19. The provision of this bill that adds to the COVID-19 Recovery Act will be repealed July 1, 2022, along with the present provisions of that Act.<br /> <br /> This bill adds to the present Workers' Compensation Law by defining a vaccine side effect resulting from an employer mandated immunization, vaccination, or injection for COVID-19 as a compensable injury under the Act. This bill establishes the notice period for such an injury to be compensable under the Act as within 30 days after the first distinct manifestation of a vaccine side effect. This bill also specifies that an employee of a private institution of higher education that manifests a vaccine side effect may seek workers' compensation benefits.<br />
The Tennessee COVID-19 Recovery Act presently bars claims for damages arising from COVID-19, unless the claimant proves by clear and convincing evidence that the defendant proximately caused the damages by an act or omission constituting gross negligence or willful misconduct. The Tennessee COVID-19 Recovery Act will be repealed effective July 1, 2022. This bill excepts damages caused by or resulting from an immunization, vaccination, or injection for COVID-19 from the definition of "arising from COVID-19" under the Act, so that a person will not be required to prove gross negligence or willful misconduct by the defendant in order to prevail in a claim based on damages caused by or resulting from an immunization, vaccination, or injection for COVID-19. The provision of this bill that adds to the COVID-19 Recovery Act will be repealed July 1, 2022, along with the present provisions of that Act.<br /> <br /> This bill adds to the present Workers' Compensation Law by defining a vaccine side effect resulting from an employer mandated immunization, vaccination, or injection for COVID-19 as a compensable injury under the Act. This bill establishes the notice period for such an injury to be compensable under the Act as within 30 days after the first distinct manifestation of a vaccine side effect. This bill also specifies that an employee of a private institution of higher education that manifests a vaccine side effect may seek workers' compensation benefits.<br />
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