(a)

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Terms Used In Tennessee Code 50-6-238

  • Administrator: means the chief administrative officer of the bureau of workers' compensation of the department of labor and workforce development. See Tennessee Code 50-6-102
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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
  • Employee: includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of the corporate officials, in the service of an employer, as employer is defined in subdivision (11), under any contract of hire or apprenticeship, written or implied. See Tennessee Code 50-6-102
  • Employer: includes any individual, firm, association or corporation, the receiver or trustee of the individual, firm, association or corporation, or the legal representative of a deceased employer, using the services of not less than five (5) persons for pay, except as provided in §. See Tennessee Code 50-6-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) On or after July 1, 2013, the administrator shall appoint qualified individuals to serve as workers’ compensation judges. Workers’ compensation judges shall be Tennessee licensed attorneys in good standing with at least five (5) years experience in workers’ compensation matters and shall be at least thirty (30) years of age. Workers’ compensation judges shall be executive service employees of the state as defined in § 8-30-103.
(2)

(A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers’ compensation judges to ensure that the terms of no more than seven (7) workers’ compensation judges shall terminate at the same time.
(B) Except for the initial appointment of candidates to fill the position of workers’ compensation judge, upon appointment, each workers’ compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers’ compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers’ compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1).
(C) Any workers’ compensation judge may be reappointed by the administrator upon expiration of the term.
(D) If a workers’ compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers’ compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers’ compensation judge shall be eligible to serve an additional three (3) full terms.
(3) It shall be the duty of a workers’ compensation judge to hear and determine claims for compensation, to approve settlements of claims for compensation, to conduct hearings, and to make orders, decisions, and determinations. Workers’ compensation judges shall conduct hearings in accordance with the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the rules adopted by the bureau and shall have authority to swear in witnesses at hearings and other court of workers’ compensation claims functions, to issue subpoenas, to compel obedience to their judgments, orders, and process through the assessment of a penalty as provided in § 50-6-118, and to conduct judicial settlement conferences.
(4) In any claim for workers’ compensation death benefits, a workers’ compensation judge shall have the authority to appoint a guardian ad litem consistent with § 37-1-149 and Tennessee Supreme Court Rule 40. For purposes of this section, “guardian ad litem” means a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child’s concerns and preferences are effectively advocated. The court shall have authority to award a reasonable fee for the services provided by the guardian ad litem, which shall be paid by the employer.
(b)

(1) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as chief judge of the court of workers’ compensation claims. The individual shall be a Tennessee licensed attorney in good standing with at least seven (7) years experience in workers’ compensation matters. The chief judge shall be an executive service employee of the state as defined in § 8-30-103.
(2) In addition to performing the duties required of a workers’ compensation judge by subdivision (a)(3), it shall be the duty of the chief judge, under the rules adopted by the bureau, to administer the day to day operations of the court of workers’ compensation claims and supervise the activities of workers’ compensation judges.
(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. Service of more than half of a six-year term constitutes service of one (1) full term. 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 three (3) full terms.
(c) Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1-4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all workers’ compensation judges. However, any complaints regarding the conduct of a workers’ compensation judge under the code shall be made to the chief workers’ compensation judge. Any complaints about the chief judge shall be made to the administrator.
(d) The administrator shall have authority to remove a workers’ compensation judge or the chief judge during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1).
(e) Any person appointed to serve as a workers’ compensation judge or as the chief judge shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge’s skill and ability. The governor, an active or retired Tennessee judge or chancellor, or an active or retired judge of the court of workers’ compensation claims or workers’ compensation appeals board may administer the oath.
(f) No workers’ compensation judge or chief judge shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a workers’ compensation judge or chief judge. A newly appointed workers’ compensation judge or chief judge can practice law only in an effort to wind up the judge’s practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of workers’ compensation judge or chief judge.
(g) When considering the appointment of an individual to serve as a workers’ compensation judge or as the chief judge, the administrator shall consider comment from the members of the business, labor and legal communities concerning the suitability of the individual for appointment as a workers’ compensation judge or the chief judge.
(h) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as the clerk of the court of workers’ compensation claims whose duty it shall be to perform all the clerical functions of the court. The clerk of the court of workers’ compensation claims shall be an executive service employee of the state as defined in § 8-30-103.
(i) The judges of the court of workers’ compensation claims shall have execution authority as provided in title 26.
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