Part 1 Generally–Privity
Part 2 Tort Liability
Part 3 Silica Claims Priorities Act

Terms Used In Tennessee Code > Title 29 > Chapter 34

  • AMA guides to the evaluation of permanent impairment: means the most recent version of the American Medical Association's "Guidelines for Assessment of Permanent Medical Impairment" at the time of the performance of any examination or test required under this part. See
  • Civil action: means all suits or claims of a civil nature in a court of record, whether cognizable as cases at law or in equity or admiralty. See
  • 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
  • Competent medical authority: means a medical doctor who meets the following requirements:

    (i) The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist. See

  • Exposed person: means a person whose exposure to silica or mixed dust is the basis for a silicosis claim or mixed dust disease claim under this part. See
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lung cancer: means a malignant tumor in which the primary site of origin of the cancer is inside the lungs. See
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Mixed dust: means a mixture of dusts composed of silica and one (1) or more other fibrogenic dusts capable of inducing pulmonary fibrosis if inhaled in sufficient quantity. See
  • Mixed dust disease claim: includes a claim made by or on behalf of any person who has been exposed to mixed dust, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to mixed dust. See
  • Nonmalignant condition: means a condition, other than a diagnosed cancer, that is caused or may be caused by either silica or mixed dust, whichever is applicable. See
  • Pathological evidence of silicosis: means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of round silica nodules and birefringent crystals or other demonstration of crystal structures consistent with silica, consisting of well-organized concentric whorls of collagen surrounded by inflammatory cells, in the lung parenchyma and that there is no other more likely explanation for the presence of the fibrosis. See
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Physical impairment: means a condition of an exposed person as defined in §. See
  • Premises owner: means a person who owns, in whole or in part, leases, rents, maintains, or controls privately owned lands, ways, or waters, or any buildings and structures on those lands, ways, or waters, and all privately owned and state-owned lands, ways, or waters leased to a private person, firm, or organization, including any buildings and structures on those lands, ways, or waters. See
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Silica: means a respirable crystalline form of the naturally occurring mineral form of silicon dioxide, including, but not limited to, quartz, cristobalite, and tridymite. See
  • Silica claim: includes a claim made by or on behalf of any person who has been exposed to silica, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to silica. See
  • Silicosis: means a lung disease caused by the pulmonary response to inhaled silica. See
  • 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
  • Substantial contributing factor: means both of the following:

    (i) Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable. See

  • Substantial occupational exposure to silica: means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following:

    (A) Handled silica. See

  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105