SB2437112th GA (Historical)Introduced

Amends TCA Title 50, Chapter 6, Part 2.

This bill revises various provisions regarding workers' compensation, as follows:<br /> <br /> (1) Under present law, each judge of the workers' compensation appeals board serves a term of six years and may be reappointed for an additional term by the governor upon expiration of the initial term. Present law provides that a judge may not serve more than two full terms, and service of more than half of a six-year term constitutes service of one full term. A judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy created by the removal or resignation of a judge sitting on the workers' compensation appeals board is eligible to serve an additional two full terms. This bill rewrites this provision to provide that a judge may be reappointed for up to two additional terms by the governor upon expiration of the initial term. This bill retains the provision whereby service of more than half of a six-year term constitutes service of one full term and provides that a judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.<br /> <br /> (2) This bill requires the governor to designate one of the judges as the presiding judge, who, in addition to performing the duties of a judge on the workers' compensation appeals board, will administer the day to day operations of the workers' compensation appeals board and supervise the activities of the workers' compensation appeals board judges.<br /> <br /> (3) Under present law, if a party is dissatisfied or aggrieved by the judgement of the court of workers' compensation claims then the party may appeal to the state supreme court. This bill revises this provision to specify that if a party is dissatisfied or aggrieved by a workers' compensation appeals board decision to certify a compensation order of the court of workers' compensation as final, then the party may appeal to the supreme court.<br /> <br /> (4) Under present law, the administrator appoints a person to serve as chief judge of the court of workers' compensation claims. Upon appointment, the chief judge serves a term of six years and may be reappointed by the administrator upon expiration of the term. A chief judge of the court of workers' compensation claims may not serve more than two full terms, and service of more than half of a six year term constitutes service of one full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy created by the removal or resignation of the previous chief judge is eligible to serve an additional two full terms. This bill rewrites these provisions to instead provide that the chief judge may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. This bill retains the provision whereby service of more than half of a six-year term constitutes service of one full term and provides that a chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.<br /> <br /> (5) Under present law, the decision of the workers' compensation judge becomes final 30 days after the workers' compensation judge enters a compensation order. If a party does not file a timely request for appeal to the workers' compensation appeals board, the order of the workers' compensation judge becomes final and may be appealed to the state supreme court. This bill removes the provisions for a party appealing to the state supreme court if the party did not file a timely request for appeal to the workers' compensation appeals board.<br />

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Overview

This bill revises various provisions regarding workers' compensation, as follows:<br /> <br /> (1) Under present law, each judge of the workers' compensation appeals board serves a term of six years and may be reappointed for an additional term by the governor upon expiration of the initial term. Present law provides that a judge may not serve more than two full terms, and service of more than half of a six-year term constitutes service of one full term. A judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy created by the removal or resignation of a judge sitting on the workers' compensation appeals board is eligible to serve an additional two full terms. This bill rewrites this provision to provide that a judge may be reappointed for up to two additional terms by the governor upon expiration of the initial term. This bill retains the provision whereby service of more than half of a six-year term constitutes service of one full term and provides that a judge appointed to the workers' compensation appeals board to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.<br /> <br /> (2) This bill requires the governor to designate one of the judges as the presiding judge, who, in addition to performing the duties of a judge on the workers' compensation appeals board, will administer the day to day operations of the workers' compensation appeals board and supervise the activities of the workers' compensation appeals board judges.<br /> <br /> (3) Under present law, if a party is dissatisfied or aggrieved by the judgement of the court of workers' compensation claims then the party may appeal to the state supreme court. This bill revises this provision to specify that if a party is dissatisfied or aggrieved by a workers' compensation appeals board decision to certify a compensation order of the court of workers' compensation as final, then the party may appeal to the supreme court.<br /> <br /> (4) Under present law, the administrator appoints a person to serve as chief judge of the court of workers' compensation claims. Upon appointment, the chief judge serves a term of six years and may be reappointed by the administrator upon expiration of the term. A chief judge of the court of workers' compensation claims may not serve more than two full terms, and service of more than half of a six year term constitutes service of one full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy created by the removal or resignation of the previous chief judge is eligible to serve an additional two full terms. This bill rewrites these provisions to instead provide that the chief judge may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. This bill retains the provision whereby service of more than half of a six-year term constitutes service of one full term and provides that a chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three full terms.<br /> <br /> (5) Under present law, the decision of the workers' compensation judge becomes final 30 days after the workers' compensation judge enters a compensation order. If a party does not file a timely request for appeal to the workers' compensation appeals board, the order of the workers' compensation judge becomes final and may be appealed to the state supreme court. This bill removes the provisions for a party appealing to the state supreme court if the party did not file a timely request for appeal to the workers' compensation appeals board.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
52902550

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