§ 29-34-301 Short title
§ 29-34-302 Legislative findings — Purpose
§ 29-34-303 Part definitions
§ 29-34-304 Prima facie showing of impairment or disease required — Compliance with standards in determining impairment — Exhumation not authorized
§ 29-34-305 Report of supporting evidence making out prima facie case — Dismissal without prejudice on the basis of minimum prima facie — Move to reinstate case — Effect of court’s findings and decision on prima facie showing — Jury as trier of fact
§ 29-34-306 Limitations — Consolidation
§ 29-34-307 Claims against premises owner — Presumptions
§ 29-34-308 Claims arising in Tennessee — Severance of actions — Venue
§ 29-34-309 Application

Terms Used In Tennessee Code > Title 29 > Chapter 34 > Part 3 - Silica Claims Priorities Act

  • 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 Tennessee Code 29-34-303
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20?) in diameter. See Tennessee Code 55-8-101
  • Board-certified: means the medical doctor is currently certified by one of the medical specialty boards approved by either the American Board of Medical Specialties or the American Osteopathic Board of Osteopathic Specialties. See Tennessee Code 29-34-303
  • Board-certified oncologist: means a medical doctor who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
  • Board-certified pathologist: means a medical doctor who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
  • Board-certified pulmonary specialist: means a medical doctor who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
  • 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 Tennessee Code 29-34-303
  • 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
  • Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
  • 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 Tennessee Code 29-34-303

    • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    • Contract: A legal written agreement that becomes binding when signed.
    • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    • Counterclaim: A claim that a defendant makes against a plaintiff.
    • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    • 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.
    • 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 Tennessee Code 29-34-303
    • Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
    • ILO scale: means the system for the classification of chest x-rays set forth in the International Labour Office's "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses" 2000 edition, or if amended, the version in effect at the time of the performance of any examination or test on the exposed person required under this part. See Tennessee Code 29-34-303
    • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
    • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
    • Low speed vehicle: means any four-wheeled electric vehicle, excluding golf carts, whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. See Tennessee Code 55-8-101
    • Lung cancer: means a malignant tumor in which the primary site of origin of the cancer is inside the lungs. See Tennessee Code 29-34-303
    • Medium speed vehicle: means any four-wheeled electric or gasoline-powered vehicle, excluding golf carts, whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to §. See Tennessee Code 55-8-101
    • 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 Tennessee Code 29-34-303
    • 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 Tennessee Code 29-34-303
    • Motor vehicle: means every vehicle, including a low speed vehicle or a medium speed vehicle that is self-propelled, excluding electric scooters, electric bicycles as defined in §. See Tennessee Code 55-8-101
    • Motorized bicycle: means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground. See Tennessee Code 55-8-101
    • 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 Tennessee Code 29-34-303
    • 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 Tennessee Code 29-34-303
    • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
    • Physical impairment: means a condition of an exposed person as defined in §. See Tennessee Code 29-34-303
    • Plaintiff: The person who files the complaint in a civil lawsuit.
    • 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 Tennessee Code 29-34-303
    • Property: includes both personal and real property. 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
    • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
    • 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
    • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". 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 Tennessee Code 29-34-303
    • 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 Tennessee Code 29-34-303
    • Silicosis: means a lung disease caused by the pulmonary response to inhaled silica. See Tennessee Code 29-34-303
    • 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 Tennessee Code 29-34-303

      • Substantial occupational exposure to mixed dust: 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 mixed dust. See Tennessee Code 29-34-303

        • 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 Tennessee Code 29-34-303

          • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
          • Tractor: means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently. See Tennessee Code 55-8-101
          • Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
          • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
          • Venue: The geographical location in which a case is tried.
          • 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