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Medical fees change proposed as part of Tennessee comp law overhaul

Posted On: Jan. 10, 2023 10:36 AM CST

Tennessee capitol

Tennessee legislators are proposing amendments to the state’s workers compensation law regarding medical fees reimbursement and attorneys fees.

House Bill 82, introduced Monday, would, among other things, enable employees to receive reimbursement for medical expenses in cases in which the employer or workers comp insurer wrongfully fails to reimburse them for any medical expenses in situations in which the worker wins a comp settlement.  

The award would be applicable in instances in which the employer or insurer either fails within 60 days to provide “reasonable and necessary” medical expenses or fails to reimburse in cases in which the employee foots the bill.

The bill also proposes to amend a section of the current comp law dealing with attorneys fees.

Currently, attorneys fees cannot exceed 20% of the amount of an injured worker’s recovery or award, and while that aspect of the law would remain in effect, HB 82 would revise the law to say that fees cannot exceed 20% of the first 450 weeks of the injured worker’s award in certain instances.