Workers' comp hinges on math

By Judith R. Tackett, jtackett@nashvillecitypaper.com
For the nashvillecitypaper.com
April 20, 2004

The Senate Commerce Committee could start considering three workers’ compensation reform proposals as early as today.

Sen. Don McLeary (D-Humboldt) added a third proposal late Thursday to the two bills proposed by Sen. Mark Norris (R-Collierville) and by Democratic Caucus Chairman Sen. Joe Haynes (D-Goodlettsville).

But Haynes, who chairs the Workers’ Compensation Oversight Committee, said Monday that he may step back from sponsoring the administration’s bill since he disagreed with Gov. Phil Bredesen on a change to the multiplier cap for those employees who are able to return to work and receive the same wage as before injury.

Haynes said the labor and trial lawyers did not support a multiplier lower than two, whereas Bredesen wanted to go as low as 1.5.

“I have indicated to the governor that I may not carry the bill if [the multiplier cap] is too low,” Haynes said. “That’s the major problem I’ve got. I just don’t believe in balancing this all on the worker’s back.

“I think there are legitimate situations where the worker goes back, doing the same job, making the same rate of pay, where he has lost part of the use of his body and is struggling to keep that same job, that he is entitled to more than is being suggested,” Haynes said, adding that he based his opinion on 35 years of experience as an attorney representing workers. “I’m still trying to work with the governor and I’m still trying to encourage him listening to me.”

Norris said he believed the administration was appreciative of the Republican effort to push the workers’ comp reform issue.

“I think [our bill] is designed to help move the parties in the right direction for a bipartisan work product,” Norris said.

He said McLeary’s proposal does not address the treating physician’s impairment ratings and drug-free work place provisions. In addition, McLeary’s bill recommends immediate adoption of a medical fee schedule, which Norris said could kill reform since physicians are already complaining about lack of reimbursement under TennCare.

TennCare and workers’ compensation reform should complement each other, Norris said.

“I think at the end of the day [the proposal adopted] will lower the cap for employees who return to work at the same rate of pay in the neighborhood of one, and I think it will address the need to get away from a court-based system and move towards an administrative system,” Norris said.

“I think the [Bredesen] administration is concerned as I am about the cost of setting up a new bureaucracy overnight,” he added.