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Legislative Update - Action Needed

SB1775/HB2128 has now been amended to do two things. First of all, it prohibits a person from collecting unemployment and temporary total disability benefits at the same time. If a person collects temporary total, that person has to pay back the unemployment benefits they received.

Secondly, the bill requires an employee to negotiate in good faith at a Benefit Review Conference, and provides for a fine for failure to do so. Prior law provided a fine for an employer who did not negotiate in good faith, but neglected to provide that same penalty for the employee.

Surprisingly, this bill now has gotten out of the House Committee, which means it has a pretty good chance of passing. Please encourage your lobbyists and legislators to push for passage of this bill.

The bill was drafted by the Tennessee Self-Insurers Association.

SB1044/HB1081 would modify the Workers’ Compensation Act to allow a person to collect an unlimited amount of temporary total disability benefits and then to collect an additional 400 weeks of permanency benefits. Present law allows an offset for temporary total disability under these circumstances. In certain circumstances, this bill could be very expensive for an employer and the TNSIA urges you to contact your legislators in opposition to this bill.

Terry L. Hill
Executive Director, TNSIA

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