Knoxville Personal Injury Law Blog

     Workers' Compensation in Tennessee will change dramatically for employers, workers, and state government alike as of July 1, 2014. The public policy underlying this system has been turned upside down by the "Workers' Compensation Reform Act of 2013." The legislation developed almost entirely from a consultant's report prepared by four out-of-state consultants selected by the Tennessee Department of Labor and Workforce Development is the most significant change to the Tennessee workers' compensation system since its creation.

     The Bill is more than sixty-five pages in length and is made up of more than one hundred individual sections. It would be impractical to attempt to discuss the specific changes in this article. The changes in public policy brought about by the legislation, however, deserve consideration. The legislation adopts three changes in public policy in Tennessee which have been fundamental to the Tennessee's workers' compensation system since 1919.

     First, the concept of compensating an injured employee for that person's loss of earning capacity when he or she has suffered an injury has been abandoned. The 2013 legislation eliminates the principle of compensation for an individual's lost earning capacity and replaces it with the principle that a worker, who is permanently injured, is compensated for anatomical or functional loss only. In the past, earning capacity was evaluated on an individual basis allowing for consideration of factors that make up the unique profile of the injured worker with the objective of compensating the injured worker for the specific loss experienced by that person. Under the new legislation, the principle of compensation for functional loss incorporates a method of compensation that is uniform across the working population. Essentially, two workers in the same community who suffer the same injury and are similar in age will receive equivalent compensation whether the worker is an orthopedic surgeon or a manual laborer.

     The second major change in public policy brought about by the 2013 legislation is the removal of Tennessee's elected judges as the appropriate persons for workers' compensation dispute resolution and replacing the Courts with the Executive Branch. The legislation provides for Executive Branch appointment and supervision of Department of Labor judges, and abandons our current system where judges are elected and remain independent.

     The third notable change in public policy, and the change most likely to be overlooked by the casual observer, is that the 2013 legislation strongly implies a forfeiture by the General Assembly of the opportunity to exercise oversight and determine public policy for the workers' compensation system by shifting that role to the Executive Branch. This change is manifested in the legislation not only by the creation of judges who are appointed and supervised exclusively by the Executive Branch, but also by the significant expansion of the rule making authority of the Executive Branch, spanning it across all major aspects of the workers' compensation system from establishment of procedures to conduct judicial hearings to the management of the daily medical treatment decisions of injured workers.

     Parents applying for childhood SSI benefits are often confused by how the Social Security Administration evaluates the claim. The SSA looks at the child's functioning in terms of six domains.  This entry dealing with Interacting and Relating with Others is the third in a series discussing domains of function.  

     In this domain, the SSA considers how well the child initiates and sustains emotional connections with others, develops and uses the language of the community, cooperates with others, complies with rules, responds to criticism, and respects and takes care of the possessions of others.

     Newborns and young infants begin to form intimate relationships at birth by gradually responding visually and vocally to caregiver(s), through mutual gaze and vocal exchanges, and by physically molding her body to the caregiver's while being held. 

     Older infants and toddlers are dependent upon caregivers, but should begin to separate from them. The child should be able to express emotions and respond to the feelings of others, as well as begin initiating and maintaining interactions with adults, but also show interest in, then play alongside other children their age.

     Preschool children should be able to socialize with children as well as adults and should begin to prefer playmates their own age and start to develop friendships with children their age.  The child should be able to use words instead of actions to express themselves, and also be better able to share, show affection, and offer to help.

     School-age children should be able to develop more lasting friendships with children who their age and understand how to work in groups to create projects and solve problems.  They should be well able to talk to people of all ages, to share ideas, tell stories, and to speak in a manner that both familiar and unfamiliar listeners readily understand.

     Adolescents should be able to initiate and develop friendships and to relate appropriately to other children and adults, both individually and in groups. They should begin to be able to solve conflicts between themelves and peers or family members or other adults. They should be able to intelligibly express feelings, ask for assistance in getting needs met, seek information, describe events, and tell stories, in all kinds of environments, and with all types of people.   

     Parents applying for childhood SSI benefits for their child are often confused by how the Social Security Administration evaluates and decides the claim. If a child does not meet a "Listing", one must assess the claimant's functioning in terms of six domains: (1) acquiring and using information; (2) attending and completing tasks; (3) interacting and relating with others; (4) moving about and manipulating objects; (5) caring for yourself; and (6) health and physical well-being to see whether there is extreme or marked limitations.

     This entry dealing with Attending and Completing Tasks is the second in a six part series.  In this domain, the SSA considers how well the child is able to focus and maintain attention, and how well the child begins, carries through, and finishes activities.  Attention involves regulating your levels of alertness and initiating and maintaining concentration. It involves the ability to filter out distractions and to remain focused on an activity or task at a consistent level of performance. 

     Newborns and infants should show sensitivity to his environment by responding to various stimuli and soon thereafter should fix his gaze upon a human face. The child should stop activity when he hears voices or sounds. 

     Older infants and toddlers should be able to attend to things that interest her and have adequate attention to complete some tasks by herself.

     Preschool children should be able to pay attention when spoken to directly, sustain attenion in play and learning activities, and concentrate on activities like putting puzzles together or completing art projects.

     School-age children (age 6 to attainment of age 12) should be to focus attention in a variety of situations in order to follow directions, remember and organize school materials, and complete classroom and homework assignments.

     Adolescents (age 12 to attainment of age 18) you should be able to pay attention to increasingly longer presentations and discussions, maintain your concentration while reading textbooks, and independently plan and complete long-range academic projects.

     Examplies of limited functioning in Attending and Completing Tasks are:

• Easily startled, distracted, or overreactive to sounds, sights, movements, or touch.
• Slow to focus on, or fail to complete activities of interest.
• Repeatedly become sidetracked from activities or frequently interrupt others.
• Easily frustrated and give up on tasks, including ones capable of completing.
• Require extra supervision to keep engaged in an activity.

Three people are injured and one has died in a recent Knoxville car accident. According to Tennessee Highway Patrol officials, a car and pickup truck collided, causing the serious personal injury. It is reported that the car was traveling northbound on Lovell Road when it collided with the pickup truck heading southbound. Initial reports did not indicate which vehicle crossed the line and caused the accident.

Authorities stated that the driver of the car, a 50-year-old woman, was injured in the collision. A passenger in her car, a 29-year-old woman, unfortunately did not survive. A second passenger in the car, whose identity and age was not revealed, was also injured.