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PUBLIC CHAPTER NO. 86
HOUSE BILL NO. 128
By Representatives Lamberth, Cochran, Boyd
Substituted for: Senate Bill No. 1309
By Senator Johnson
AN ACT to amend Tennessee Code Annotated, Title 50, Chapter 6, Part 2, relative to
workers' compensation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 50-6-201, is amended by deleting the
section and substituting:
(a) An injured employee or the injured employee's representative shall,
immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and
practicable, give or cause to be given to the employer who has no actual notice, written
notice of the injury, and the employee is not entitled to physician's fees or to any
compensation that may have accrued under this chapter, from the date of the accident to
the giving of notice, unless it can be shown that the employer had actual knowledge of
the accident. Compensation is not payable under this chapter unless the written notice is
given to the employer within fifteen (15) days after the occurrence of the accident, unless
reasonable excuse for failure to give the notice is made to the satisfaction of the tribunal
to which the claim for compensation may be presented.
(b) In those cases where the injuries occur as the result of gradual or cumulative
events or trauma, the injured employee or the injured employee's representative shall
provide notice of the injury to the employer within fifteen (15) days from the date the
employee:
(1) Knows or reasonably should know that the employee has suffered a
work-related injury that has resulted in permanent physical impairment; or
(2) Is rendered unable to continue to perform the employee's normal work
activities as the result of the work-related injury, and the employee knows or
reasonably should know that the injury was caused by work-related activities.
(c)
(1) The notice of the occurrence of an accident required to be given to the
employer by the employee or the employee's representative must state in plain
and simple language the name and address of the employee and the time, place,
nature, and cause of the accident resulting in injury or death. The notice must be
signed by the claimant or by a person authorized to sign on the claimant's behalf,
or by one (1) or more of the claimant's dependents if the accident resulted in
death to the employee.
(2) A defect or inaccuracy in the written notice is not a bar to
compensation, unless the employer can show, to the satisfaction of the workers'
compensation judge before which the matter is pending, that the employer was
prejudiced by the failure to give the proper written notice, and then only to the
extent of the prejudice.
(3) The notice must be given to the employer or to the employer's agent
having charge of the business at which the injury was sustained by the
employee.
HB128
SECTION 2. Tennessee Code Annotated, Section 50-6-208(i)(7), is amended by
deleting", but does not apply to injuries that occur after June 30, 2025".
SECTION 3. Tennessee Code Annotated, Section 50-6-21 S(a), is amended by deleting
"thirty (30) years of age" and substituting "thirty-five (35) years of age".
SECTION 4. Tennessee Code Annotated, Section 50-6-21 B(b), is amended by deleting
the subsection and substituting:
(b) Upon appointment, each judge of the workers' compensation appeals board
shall serve a term of six (6) years and may be reappointed for up to three (3) additional
terms by the governor upon expiration of the initial term. The governor shall designate
one (1) of the judges as the presiding judge who, in addition to performing the duties of a
judge on the workers' compensation appeals board, shall administer the day to day
operations of the workers' compensation appeals board and supervise the activities of
the workers' compensation appeals board judges. A judge appointed to the workers'
compensation appeals board to fill a vacancy for less than a full term is eligible to serve
up to an additional four (4) full terms.
SECTION 5. Tennessee Code Annotated, Section 50-6-226(a)(2)(A), is amended by
adding "and the costs of burial, cremation, or other lawful means of disposition of human
remains" after "Medical costs".
SECTION 6. Tennessee Code Annotated, Section 50-6-226(d)(2)(B), is amended by
deleting "June 30, 2025" and substituting "June 30, 2030".
SECTION 7. Tennessee Code Annotated, Section 50-6-236(b)(3), is amended by
deleting the subdivision.
SECTION 8. Tennessee Code Annotated, Section 50-6-238(a)(1 ), is amended by
deleting "five (5) years experience" and substituting "seven (7) years' experience" and by
deleting "thirty (30) years of age" and substituting "thirty-five (35) years of age".
SECTION 9. Tennessee Code Annotated, Section 50-6-238(a)(2)(B), is amended by
deleting "three (3) full terms" and substituting "four (4) full terms" and by deleting ", and service
of more than half of a term shall constitute service of one (1) full term" and substituting ", but a
workers' compensation judge appointed to fill a vacancy for less than a full term is eligible to
serve up to an additional four (4) full terms".
SECTION 10. Tennessee Code Annotated, Section 50-6-238(a)(2)(D), is amended by
deleting "three (3) full terms" and substituting "four (4) full terms".
SECTION 11. Tennessee Code Annotated, Section 50-6-238(a), is amended by adding
the following as a new subdivision:
(5) In addition to, and not in lieu of any other civil penalties as provided in this
chapter or by rule, a workers' compensation judge may sanction a party for contempt
pursuant to § 29-9-102 and impose a fine of up to fifty dollars ($50.00) per occurrence.
Upon imposition of the sanction, the sanctioned party may request a hearing to contest
the sanction by filing a request for hearing with the court clerk no later than five (5)
business days after the date the judge imposed the sanction. If the judge confirms the
contempt finding, then the sanctioned party may appeal that decision by filing a notice of
appeal with the workers' compensation appeals board. An appeal of a sanction under
this subdivision (a)(5) must not result in a stay of proceedings in the underlying claim.
SECTION 12. Tennessee Code Annotated, Section 50-6-238(b)(3), is amended by
deleting the subdivision and substituting:
(3) Upon appointment, the chief judge shall serve a term of six (6) years and may
be reappointed by the administrator upon expiration of a term if the chief judge has
served competently, responsibly, and impartially. A chief judge of the court of workers'
compensation claims appointed to serve less than a full term to fill a vacancy is eligible
to serve up to an additional four (4) full terms.
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HB128
SECTION 13. Tennessee Code Annotated, Section 50-6-239(a), is amended by deleting
"Within sixty (60) days" and substituting "If the presiding judge has not set a case for a hearing,
then within sixty (60) days".
SECTION 14. Tennessee Code Annotated, Section 50-6-239(b), is amended by deleting
the subsection and substituting:
(b) The presiding workers' compensation judge may, at the judge's discretion,
grant permission for parties to present issues that have not been certified by a workers'
compensation mediator.
SECTION 15. Tennessee Code Annotated, Section 50-6-245, is amended by deleting
the section.
SECTION 16. This act takes effect July 1, 2025, the public welfare requiring it.
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HOUSE BILL NO. 128
PASSED: March 13. 2025
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
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' RANDY MC\IALLy
SPEAKER OF THE SENATE
M a ~ ~ APPROVED this
day of 2025
BILL LEE' - • ~ '/-<• -(.-
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