TCA 50-6-204(g)(2)(D)(ii) Declared Void

TCA 50-6-204(g)(2)(B) allows a Department of Labor Specialist to award attorney fees on post-settlement/judgment medical issues under the Tennessee Workers’ Compensation Act.  Last month, the Davidson County Chancery Court found that judicial review of such awards, provided for by TCA 50-6-204(g)(2)(D)(ii), violates Due Process, and is therefore void.  The ramification of this decision is to essentially strip the Department of Labor of the ability to dispose of post-settlement/judgment medical issues in workers’ compensation cases.  Workers’ compensation practitioners would be wise to avoid using the TNDOL process to handle post-settlement/judgment medical issues.

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