Tennessee Clarifies Communication with Authorized Treating Physician In Workers Compensation Law SB1574

Bills covering workers’ compensation issues recently moved through the Tennessee state legislative system with the help of The Tennessee Self-Insurers Association (TNSIA).

SB1574 clarified a recent Supreme Court ruling on communication with the authorized treating physician, putting to rest the Overstreet decision, a 2008 Supreme Court case preventing employers, insurance carriers and attorneys from communicating with the authorized treating physician

SB 1574 allows communication with the authorized treating physician under the following terms:

1. The employer may send written communications to the treating physician, but must copy the employee or the employee’s attorney on the correspondence with any attached materials and must provide the employee or the employee’s attorney with copies of the physician’s response to the correspondence within seven (7) days of receipt.

2. The employer may communicate orally with the treating physician, but must send the employee or the employee’s attorney a written summary of the opinions or statements of the physician within seven (7) days of a request by the employee or the employee’s attorney.

3. The employer’s attorney may communicate orally with the authorized treating physician, but must provide written notice to the employee or the employee’s attorney at least seven (7) days prior to the communication and must provide the employee or the employee’s attorney with a written summary of all opinions expressed by the physician within seven (7) days of the communication.”

SB 1574 has made its way through both legislative chambers and is set to be sent to Gov. Phil Bredesen for his signature. (workersxzcompxzkit).

Author: Robert Elliott, J.D.

Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.