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Changes to Workers Compensation Law (Part Five)

(11)     Child support issues            If you have a client who has back child support which is the subject of a judgment, you have stepped into a legal minefield by representing that client.  There is an Attorney General’s opinion which is attached hereto as Appendix “C” which sets out the general rules.  If there has Read More

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Changes to Workers Compensation Law (Part Four)

(10)     Land mines with Department of Labor – Due Process The Department of Labor within the last 3 months has become increasingly pro active in performing independent ex parte investigations of plaintiffs.  Some of these investigations are also directed towards the defendants.  Most of the investigations I see are directed towards plaintiffs, because I represent Read More

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Changes to Workers Compensation Law (Part Three)

            (6)       Timing Changes defining cumulative trauma and the definition of injury (set out above) as well as the other changes in Public Chapter 416 will take effect on June 6, 2011.  The changes to Overstreet take effect also on June 6, 2011.   Intoxication changes July 1, 2011 (see below)  Construction changes October 1, 2011 Read More

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Changes to Workers Compensation Law in TN (part two)

(3) Mental Injuries, Disease, Cumulative Trauma and “Primarily” Injury expressly includes a mental injury arising out of the course of employment.  It does not include (a) a disease except when the disease arises out of the course and scope of employment or (b) cumulative trauma conditions unless these arose “primarily” out of the course and Read More

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Changes to Workers Compensation Law (Part One)

The changes to the 2011 law have brought a more conservative definition to several different aspects of the workers’ compensation law which ultimately may make it more difficult for an injured employee to recover.  The broad changes are outlined below and will be discussed. (1)      The Definition of the Injury The new definition of injury Read More

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