The administration bill dealing with workers’ compensation was amended and passed last night to add an escape clause back into the bill. This is due to the negotiations and hard work of Tony Farmer and others.
AMENDMENT #2 revises the provision of Workers’ Compensation Law, described in (7) of the Bill Summary, that authorizes an injured employee who does not have a meaningful return to work to obtain more benefits than the employee would be eligible to receive when applying the appropriate multipliers to the employee’s impairment rating if at least three of the following facts concerning the employee are true as determined by the workers’ compensation judge based on clear and convincing evidence:
The employee lacks a high school diploma or GED, or the employee cannot read or write on a grade eight level;
The employee is 55 years of age or older;
The employee has no reasonably transferable job skills from prior vocational background and training; and
The employee has no reasonable employment opportunities available locally considering the employee’s permanent medical condition.
This amendment changes the maximum award that is available in cases where the cap is exceed from up to 450 weeks multiplied by the employees compensation rate adjusted to account for the amount of the employee’s post injury wage to up to 275 weeks multiplied by the employees compensation rate, inclusive of the employee’s permanent partial disability award.
For more information about other changes taking effect for injuries on or after July 1, 2014, please go here.
If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, Railroad Retirement Board disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout East Tennessee.