govt.fyi
Back to HB 128
Tennessee General Assembly· HB 128Transmitted to Governor for his action.

Workers Compensation - As enacted, increases, from 30 to 35, the minimum age for an individual to serve as a judge on the workers' compensation appeals board; increases, from two to three, the number of additional terms , the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
..

:.  ~IJRE \)@i

      ..'~:c,,z/.~;,.;"::.-,:>::o,~/1..•;!5•f::

    ······-•··

$tate of \!1:ennessee

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.

                                                               2
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.

                                                                 3
             HOUSE BILL NO. 128

PASSED:      March 13. 2025

                                              CAMERON SEXTON, SPEAKER
                                              HOUSE OF REPRESENTATIVES

                                        ~     - YY...1.~\\" -- -~ ···-~--
                                                 - ---

                                              '  RANDY MC\IALLy

                                                 SPEAKER OF THE SENATE

M a ~ ~ APPROVED this
                                day of           2025

BILL LEE' -         •           ~ '/-<• -(.-

             - ..O,..R...-.. •
Every fact on this page links to its source, starting with the official bill record.