Workers’ compensation passes

By Judith R. Tackett, jtackett@nashvillecitypaper.com

Nashville City Paper
May 21, 2004

Workers’ compensation legislation passed the General Assembly Thursday after more than three hours of discussion in the Senate where the bill had been held up for weeks.

Gov. Phil Bredesen said he appreciated the bipartisan support for his reform bill, which he said meant a real victory for working people in the state.

Bredesen said the changes would bring Tennessee in line with competing states to keep and attract new jobs.

The most controversial issue of the bill was the lowering of a “multiplier” cap for permanent partial disability from the current 2.5 to 1.5. Senators were unsuccessful in increasing that cap on the floor.

Other changes include mandatory Benefit Review Conferences, a plan to implement a medical fee schedule next year, more regulation of self-insured businesses and penalties to businesses for late workers’ comp payments.

Bill sponsor Democratic Caucus Chair Sen. Joe Haynes (D-Goodlettsville) had held the bill in the Senate Calendar Committee Tuesday, preventing it from being placed on Wednesday’s calendar. With only one paid session day left in the Senate, the question arose whether the bill would even be addressed this year.

But Haynes said he decided to place it on Thursday’s calendar after a meeting with Gov. Bredesen. The reason was, he said, that Bredesen hinted at attempting to play with the rules in the Senate to get the bill moved, and Haynes said he did not want to put his colleagues through that.

Haynes, who believes the lowering of the cap to 1.5 especially hurts workers – a claim agreed upon by the Tennessee Trial Lawyers Association – said he does not believe that any further reform would come forward next year.

“This is it,” he said. “They lowered the cap, they have accomplished what they wanted.” Anna Windrow, senior advisor to the governor, said the bill is not perfect, but is a good place to start.

“One of the things that the governor has talked to both speakers about … is trying to continue the conversation on workers’ comp in the years to come and not let it go … because there is a lot to do,” Windrow said.

Sen. Mark Norris (R-Collierville), who had pushed the passage of workers’ comp reform this year, said the bill is clearly the beginning of workers’ comp reform “and the administration acknowledges that in the bill by agreeing to study new definitions of work place injury and other changes that begin next year.

“So we’ll be back in session here in Nashville before the fee schedule is adopted, that is July 2005,” Norris said, adding the administration also assured him it would consider improvements of the second injury fund, which the bill currently would eliminate next year.

The bill passed in the House with a 28-4 vote with senators Steve Cohen (D-Memphis), Ward Crutchfield (D-Chattanooga), Thelma Harper (D-Nashville), and Curtis Person (D-Memphis) casting no votes. The House, which passed the administration’s proposal last week overwhelmingly, concurred with the Senate version without much discussion.