Tenn. Comp. R. & Regs. 0800-02-21-.02
Definitions
Effective Mar 2, 2026Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6- 239; and Public Chapter 289 (2013), Sections 73, 76, 79, 82, 83, and 106.Tennessee Department of Labor and Workforce Development
- (1) Administrator. The chief administrative officer of the Bureau of Workers’ Compensation.
- (2) Appeals Judge. A judge of the workers’ compensation appeals board.
- (3) Appeals Board. The workers’ compensation appeals board.
- (4) Bureau. The Bureau of Workers’ Compensation.
(5) Catastrophic Injury. For the purposes of this chapter only, any of the following injuries is catastrophic:
- (a) Spinal cord injury involving severe paralysis of an arm, leg, trunk, or any combination of these;
- (b) Amputation of an arm, hand, foot, leg, or any combination of these involving the effective loss of use of that appendage;
(c) Severe brain or closed-head injury evidenced by: ALTERNATIVE DISPUTE RESOLUTION
- 1. Severe sensory or motor disturbances;
- 2. Severe communication disturbances;
- 3. Severe complex integrated disturbances of cerebral function;
- 4. Severe disturbances of consciousness; or
- 5. Severe episodic neurological disorders;
- (d) Second- or third-degree burns to twenty-five percent (25%) or more of the whole person or third-degree burns to five percent (5%) or more of the face or hands;
- (e) Total or industrial blindness; or
- (f) Total loss of hearing.
- (6) Chief Judge. Supervises the judges and coordinates all activities in the court of workers’ compensation claims.
- (7) Claim. An employee’s request for benefits available under the Workers’ Compensation Law.
- (8) Clerk. Unless otherwise provided, the clerk of the court of workers’ compensation claims and any deputy clerk.
- (9) Compensation Hearing. A trial conducted to fully resolve all pending issues on the merits including but not limited to disability and/or medical benefits.
- (10) Compensation Order. An order by a judge that fully resolves all pending issues of the claim including but not limited to additional permanent disability benefits and/or additional medical benefits. A judge may issue a compensation order based on a decision on the record.
- (11) Court. The court of workers’ compensation claims.
- (12) Decision on the Record. A decision by a judge based on a review of the written materials without an evidentiary hearing.
- (13) Dispute Certification Notice. The notice the mediator files with the clerk after alternative dispute resolution that identifies the issues for a judge’s determination. The judge may grant the parties permission to present issues that have not been certified by the mediator.
- (14) Electronic Signature. A document submitted by electronic transmission signed or verified electronically in the manner approved by the bureau.
- (15) Expedited Hearing. A hearing conducted before a trial on the merits to determine temporary disability and/or medical benefits. A judge may issue an expedited hearing order based on a decision on the record. An expedited hearing is not the appropriate procedure for the Court to determine post-settlement or post-judgment medical issues.
(16) Filed.
- (a) After a Dispute Certification Notice has been filed, attorneys must use the Court’s electronic filing system for all filings. A document is considered filed on the date and time filed in the Court’s electronic filing system. ALTERNATIVE DISPUTE RESOLUTION
(b) For purposes of this chapter, a document is considered filed by a self-represented party:
- 1. On the date and time received by the clerk if hand-delivered to any bureau office during normal business hours;
- 2. On the date postmarked to the clerk if sent by U.S. certified or registered mail, return receipt requested, or its equivalent;
- 3. On the date the document reaches the clerk if transmitted by first-class mail, facsimile, or by electronic transmission approved by the bureau; or
- 4. On the date and time filed in the Court’s electronic filing system.
- (c) For purposes of this chapter, a petition for benefit determination is considered filed when received as listed in subparagraph (a) and contains the required information set forth in Rule 0800-02-21-.02(23).
- (17) Hearing Request. A form filed by either party requesting a status, scheduling, compensation, or expedited hearing. Either party may file a hearing request after the mediator issues a dispute certification notice.
- (18) Interlocutory Order. Any order by a judge that does not dispose of the case in its entirety.
- (19) Judge or Workers’ Compensation Judge. A judge of the court of workers’ compensation claims.
- (20) Mediating in Good Faith. Appearing at a mediation and demonstrating honest and sincere attempts to find a resolution to the dispute.
- (21) Ombudsman. A bureau employee who assists any unrepresented party.
- (22) Ombudsman Attorney. A bureau attorney who provides limited legal advice to any unrepresented party.
(23) Petition for Benefit Determination.
- (a) A petition for benefit determination (PBD) is a written request for the bureau to assist in resolution of disputed issues and is the document that initiates the litigation process as described in Tennessee Code Annotated section 50-6-203. Any party may file a petition as provided under Tennessee Code Annotated section 50-6-203 on a form approved by the Administrator at any time after a dispute arises.
(b) A petition for benefit determination is considered filed for the purposes of Tennessee Code Annotated section 50-6-203 only if it contains all the following information:
- 1. Identifying information of the employee and employee’s attorney, if applicable;
- 2. The name of the employer;
- 3. The date of the alleged injury or accident;
- 4. A short plain statement describing the alleged injury or accident; ALTERNATIVE DISPUTE RESOLUTION
- 5. The signature of the employee, employee’s attorney, employer, or employer’s attorney.
- (24) Scheduling Hearing. A hearing where the judge considers efficient processing of the case and issues a scheduling order containing a discovery plan, including but not limited to dates for post-discovery alternative dispute resolution and the compensation hearing.
- (25) Status Hearing. A hearing where the judge considers the efficient processing of the case.
- (26) Unserved petition for benefit determination. A complete petition for benefit determination that the filing party has not served on the other party(s) in the case.
Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6- 239; and Public Chapter 289 (2013), Sections 73, 76, 79, 82, 83, and 106. Administrative History: Original rule filed April 1, 2014; effective June 30, 2014. Amendments filed September 1, 2016; effective November 30, 2016. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective December 21, 2023. Amendments filed December 2, 2025; effective March 2, 2026.