Suggested Audience
Attorneys, Mediators, Adjusters
Moderator
- Lindsay Hall, Staff Attorney, Subsequent Injury and Vocational Rehabilitation Fund
Presenters
- Tim Kellum, Staff Attorney, Subsequent Injury and Vocational Rehabilitation Fund
- Art Wells, Staff Attorney, Subsequent Injury and Vocational Rehabilitation Fund
- Patrick Ruth, Staff Attorney, Subsequent Injury and Vocational Rehabilitation Fund
- Allison Lowry, Staff Attorney, Subsequent Injury and Vocational Rehabilitation Fund
Session Description
The Workers’ Compensation Reform Act of 2013 eliminated T.C.A 50-6-301 which previously defined “occupational Diseases” using a six (6) factor test. Currently, the definition of an occupational disease can be found in T.C.A 50-6-102 (14) and follows the same guidelines as any other type of injury, in that it must be “arising primarily out of and in the course and scope of the employment”. This leads to the question of, “when did the injury occur?” Many occupational injuries have a period of latency before any symptoms develop. This session will explore the potential pitfalls of which Court System has jurisdiction to hear the case. The panel of experts will discuss the relevant issue of when an injury due to an occupational disease occurs. Is it the date of the last harmful exposure, the date of diagnosis or the date of disability and whether the date of injury is separate and distinct from the date of the commencement of the statutory period of limitations? In addition, The SIF attorneys will discuss permanent total disability and the elements necessary to justify such a finding in the Court of Workers’ Compensation Claims.
Up Next: Networking Break (Visit Exhibitors next door) then Breakout Sessions at 9:30 AM