(a) If it appears to the claims commission, prior to any hearing on a claim, that:

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Terms Used In Tennessee Code 29-13-114

  • Claimant: means any person or persons filing a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim. See Tennessee Code 29-13-102
  • Commission: means the Tennessee claims commission created pursuant to §. See Tennessee Code 29-13-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Such claim is one with respect to which an award will probably be made; and
(2) Undue hardship will result to the claimant if immediate payment is not made;

the claims commission may make an emergency award to the claimant pending a final decision in the case.

(b) The amount of such emergency award shall not exceed five hundred dollars ($500).
(c) The amount of such emergency award shall be deducted from any final award made to the claimant. The excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the state.
(d) No emergency award shall be made pursuant to this section unless the board of claims certifies that there is sufficient money in the fund to pay all awards that have been made pursuant to this chapter.
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