Death Benefits: Explained

 Suggested Audience

Attorneys, Mediators, Adjusters

Moderator

• Jane Salem, Attorney 3, Court of Workers’ Compensation Claims, BWC

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Presenters

• David Drobny, Principal, Manier & Herod
• Steven Fifield, Senior Attorney, Rocky McElhaney Law Firm

Session Description

Benefits paid to families of workers killed on the job are misunderstood by employers, insurers, and stakeholders. Tenn. Code Ann. § 50-6-101 et. seq. does not have a section dedicated to death benefit payments. This creates confusion.  This presentation will navigate the audience through all relevant statutes, including sections 209, 210, 102, and 204, among others, piece together a clear picture of benefits owed and not. Focus on case law will also be important to a clear understanding of who has a claim, how the claim value changes, and how to resolve benefit payments in complex situations.

Ten year old case law confuses those seasoned in workers compensation benefit calculation. In 2008, effective for the 2009 legislative year, the legislature made a key change to one definition of the Act which altered the maximum total compensation award owed in most death cases. This will be explained and addressed. Most misunderstanding of death benefit calculation comes from this error.  Attendees will be presented an overview of the scope of issues which arise and what the statute says about them. Special circumstances will also be covered, including: foreign dependents, maternity/paternity disputes, and children passing from minors into the age of majority.

Up Next: Networking Break (Visit Exhibitors next door) then Breakout Sessions at 3:15 PM