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Tennessee Senate Approves Bill That Would Create A Work Comp Court System
By Lonce LaMon - April 2, 2013

Legislation that would create a Workers' Compensation court system and move comp claims out of the civil courts was passed by the Tennessee Senate yesterday evening despite opponents who say it would reduce benefits and remove impartiality from the judgment process.

The measure, which is part of Republican Gov. Bill Haslam’s legislative package, was overwhelmingly approved 28-2. The companion bill is set for the House Finance Committee on Tuesday.
 
Everybody seems to have a different opinion as to whether this reform is going to benefit just the businesses or the injured workers or be beneficial to both.
 
“I feel confident that these reforms are not only going to keep Tennessee competitive but are going to benefit the workers of this state,” said Republican Senate Majority Leader Mark Norris of Collierville, who is carrying the bill.
 
The hearings have been criticized by labor groups for being put on the fast track without input from the group representing people who stand to lose benefits. About 50 people gathered at the state Capitol last week to protest the legislation. There were chants of “We want justice” and signs bearing slogans like: “Don’t Gut Workers’ Comp.”
 
Despite the opposition, the measure seems to be moving through the Legislature — like a “freight train,” as one Republican lawmaker described.
 
One strong criticism is that workers' comp cases would no longer be heard in court, but in a similar manner that cases are heard in California by the Workers' Compensation Unit and the Workers' Compensation Appeals Board.  Special judges would be selected by the person the Tennessee governor picks to run the workers’ compensation division.
 
Senator Doug Overbey, one of two senators who voted against the bill, said the current system for handling cases is sufficient.
 
“We already have judges across the state ... that see to these claims,” said the Maryville Republican. “We have the processes already in place.”
 
Democratic Senator Lowe Finney of Jackson cast the other dissenting vote.
 
Last week, House Minority Leader Craig Fitzhugh told protesters that the new system would add an unnecessary administrative branch to government. The Ripley Democrat called it “something we certainly don’t need to do.”
 
“We have the court system that’s working well,” Fitzhugh said.
 
State AFL-CIO spokesman Jerry Winters agreed.
 
 
 

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