Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall:

(1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA’s Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society that are in effect on the date of any examination or pulmonary function testing of the exposed person required by this part;

Terms Used In Tennessee Code 29-34-705

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Exposed person: means a person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action. See Tennessee Code 29-34-702
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
(2) Not be obtained or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and
(3) Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test, or screening.
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