Resolution Process The process to resolve a dispute for a date of injury on or after July 1, 2014 begins in much the same way as claims occurring before that date do. If the parties are able to reach a resolution of all disputed issues, the mediator shall include the terms of the resolution to a written settlement agreement and file the agreement with the Clerk of the Court of Workers’ Compensation Claims.
The Clerk shall place the case on the docket and assign the case to a Workers’ Compensation Judge for a settlement approval hearing. A filing fee of $150 shall be paid to the Clerk by the employer at the time of the settlement approval hearing or within five (5) business days after the fee has been assessed by the Workers’ Compensation Judge. Payment shall be made by check, money order or by credit card.
If the parties are unable to reach a resolution of all disputed issues, and if the date of injury is on or after July 1, 2014, the Mediation Specialist shall issue a Dispute Certification Notice to the parties. The mediator shall note any issues that the parties have agreed upon in the notice as well as the remaining issues that are still in dispute, including all defenses to the claim that were raised during the mediation.
Immediately after a Dispute Certification Notice has been filed with the Clerk of the Court of Workers’ Compensation Claims, either party seeking further resolution of any disputed issues may file a Request for an Expedited Hearing in cases involving temporary benefit issues or Request for Initial Hearing in cases involving permanency issues. These Requests forms are filed with the Clerk of the Court of Workers’ Compensation Claims. A copy of the Request must be served on the opposing party or their legal counsel, if there is one. If no Request is filed within sixty (60) calendar days after the date of issuance of the Dispute Certification Notice, the Court Clerk shall docket the case and place the case on a separate dismissal calendar for a show cause hearing.
A filing fee of $150 shall be paid to the Court Clerk by the employer at the time of the conclusion of a case. A minimum fee of $25.00, per CD, will be charged for providing a copy of a recorded hearing. A Workers’ Compensation Judge is not required to hold a full evidentiary hearing before issuing an interlocutory order for temporary disability or medical benefits. An interlocutory order is an order by a Workers’ Compensation Judge that awards or denies temporary disability or medical benefits following: A review of the submitted material, or A hearing if one is convened at the discretion of the Workers’ Compensation judge, as a result of a request for expedited hearing. – See more at: http://www.tn.gov/workforce/topic/wc-court-of-wc-claims#sthash.3MPMruHi.dpuf