Trmjones, these are the links I could find in regards to your question of FM in TN. The way I read it is the OLD laws apply to ALL claims opened prior to June 6, 2011. You said your claim is nearing three years so I would think that this revised legislature does not apply to you. Also, (and please do NOT hold me to this as it has been a good while since I had cause to review TN WC statues.), I believe the three year limit was to be from the time of settlement NOT the DOI/Date Of Injury.
I could very well be wrong and your absolute best source of information would of course come from an experienced and well regarded attorney that is VERY familiar with WC statues in TN. Or even by calling the TN Department of labor and asking if a specialist or ombudsmen could answer your question.
2011 WORKERS’ COMPENSATION LEGISLATIVE CHANGES
This is a general overview of workers’ compensation legislation passed by the107
th General Assembly. For a complete, detailed review of this information and all workers’compensation bills introduced in this legislative session, please go to www.legislature.state.tn.us.
MAXIMUM & MINIMUM BENEFIT CHANGES
Temporary Benefits –
The maximum weekly benefit rate for injuries occurring July 1, 2011through June 30, 2012 is $867.90 or 110% of the state’s average weekly wage.
Permanent Benefits –
The maximum weekly benefit rate for injuries occurring July 1, 2011through June 30, 2012 is $789.00 or 100% of the state’s average weekly wage.
Minimum Weekly Benefit –
The minimum weekly benefit rate for injuries occurring July 1,2011 through June 30, 2012 for both temporary and permanent benefits is $118.35.
FUTURE MEDICAL BENEFITS,
OVERSTREET, REDEFINITION OF INJURYPublic Chapter 416
(HB1503/SB0932) makes various revisions to the workers'compensation law. This bill allows the parties to a workers' compensation case to settle a claim,subject to the approval of a trial judge or a workers' compensation specialist, without future medical benefits. It modifies the Overstreet communication procedures regarding contact between the authorized treating physician and employers on the workers' compensation injury. This bill clarifies the definition of an injury and occupational disease. It clarifies that hearing loss, carpal tunnel and repetitive injury claims are compensable only if the condition primarily arises out of and in the scope of employment. This bill is effective for injuries occurring on or after June 6,
Title 50 Employer And Employee
Chapter 6 Workers' Compensation Law
At the lexisnexis link just clink on the I agree block in blue, there will be a brief pause before the information will load, then arrow down to Title 50 & click on the box. Additional index links will appear and you can search ALL of the TN WC statues from there.
Also the first link on this post is to the newly adapted statues from 2011.
(And this is all I could find in regards to the Overstreet communication procedures. I see nothing in that article that refers to the length of time the IC is required to hold open medical in an otherwise settled case.)
Overstreet Law Law & Legal Definition
The Supreme Court of Tennessee's order in Billy Overstreet v. TRW Commercial Steering Division (2008 WL 2424349) has later come to be known as Overstreet Law in Tennessee. This case revolved around the covenant of confidentiality that exists between a physician and patient in a workers' compensation case. The Overstreet court restricted the employer's and insurer's ability to communicate with the physician treating the injured employee. The case presented two issues:
(1) if it is permissible for an employer to conduct an ex parte interview with an employee's treating physician; and
(2) if an employer is entitled to order a medical evaluation to be conducted by a physician of the employer's choice.Applying the principles of Tennessee Workers' Compensation Act (T.C.A. §50-6-204(a)(1) and (2)), the court held that an implied covenant of confidentiality arises between an employee and any physician supplied by the employer. Although the employer pointed out that certain medical information is subject to discovery and therefore should be permissible to be made known to the employer, the court gave priority to the confidential nature of the relationship between the physician and patient. According to the court, any such information ought to be disclosed only through discovery procedures.
The court also held that an employer is entitled to order a medical evaluation to be conducted by a physician of his choice. The employee can challenge the examination only if the request is unreasonable. If the trial court orders that that the examination is reasonable, then the employee has no other choice but to undergo it. If not, it may result in the dismissal of his workers' compensation claim.
I followed this link www.legislature.state.tn.us. and it lead me right back to lexisnexis so I have NO idea what to tell you to do to find the current "correct" code for TN as lexisnexis just shows the old laws as being revised, without citing the new code :/
Hope this helps you somewhat. If nothing else it gives you some good reading