Two bills introduced in Tennessee Wednesday would modify the process for injured workers seeking care from specialists and increase the power of the state’s workers compensation administrator to investigate employers for non-compliance with state comp policies and levy fines and stop-work orders.

H.B. 2257 would revise the process by which a treating physician refers an injured employee to a specialist. The legislation stipulates that an employer must provide a panel of three or more specialists from which an injured worker may choose for further care within three business days of receiving such a request from the worker’s treating physician

The bill also extends the deadline for an injured employee to file a claim for increased benefits with the bureau of workers' compensation from 60 days to 180 after the employee reaches maximum medical improvement, and increases the period of time after an injury that an employee has to provide notice to the state’s Bureau of Workers Compensation of the injury and the failure of the employer to secure payment from 60 days to 180.

The legislation also reduces the minimum impairment rating necessary to support a claim for increased benefits from 10% to 9% impairment.

If signed into law, the bill would take effect immediately.

S.B. 2404 would revise Tennessee code governing penalties for noncompliance with workers' compensation coverage by expanding the authority of the workers compensation administrator to investigate and punish companies that fail to comply with comp coverage requirements.

The bill would provide the administrator with the authority to conduct investigations, enter and inspect any place of business at any reasonable time, examine and copy business records within five days of a request, issue and serve subpoenas and stop-work orders, as well as levy penalties against employers that fail to maintain workers compensation.

The legislation would also make any violation of a stop-work order issued by the administrator a Class E felony with a $1,000 per day penalty and additional fines.

If signed into law, the full extent of changes would go into effect July 1, 2020.