50-6-242 - Award of permanent partial disability benefits for permanent medical impairment in certain cases Illegal immigrants ineligible. - Tennessee Statutes

50-6-242. Award of permanent partial disability benefits for permanent medical impairment in certain cases Illegal immigrants ineligible.

(a)  For injuries that occur on or after August 1, 1992, and prior to July 1, 2004, notwithstanding any provision of this chapter to the contrary, the trial judge may award employees permanent partial disability benefits, not to exceed four hundred (400) weeks, in appropriate cases where permanent medical impairment is found and the employee is eligible to receive the maximum disability award under § 50-6-241(a)(2) or (b). In those cases the court, on the date of maximum medical improvement, must make a specific documented finding, supported by clear and convincing evidence, of at least three (3) of the following four (4) items:

     (1)  The employee lacks a high school diploma or general equivalency diploma or the employee cannot read or write on a grade eight (8) level;

     (2)  The employee is fifty-five (55) years of age or older;

     (3)  The employee has no reasonably transferable job skills from prior vocational background and training; and

     (4)  The employee has no reasonable employment opportunities available locally considering the employee's permanent medical condition.

(b)  For those injuries that occur on or after July 1, 2004, and notwithstanding any provision of this chapter to the contrary and in appropriate cases where the employee is eligible to receive the maximum permanent partial disability award under § 50-6-241(d)(1)(B) or (d)(2), the employee may receive disability benefits not to exceed the appropriate maximum number of weeks as set forth in § 50-6-207 for the type of injury sustained by the employee. In those cases, the court or the workers' compensation specialist shall make specific documented findings, supported by clear and convincing evidence, that as of the date of the award or settlement, at least three (3) of the following facts concerning the employee are true:

     (1)  The employee lacks a high school diploma or general equivalency diploma or the employee cannot read or write on a grade eight (8) level;

     (2)  The employee is fifty-five (55) years of age or older;

     (3)  The employee has no reasonably transferable job skills from prior vocational background and training; and

     (4)  The employee has no reasonable employment opportunities available locally considering the employee's permanent medical condition.

(c)  Subsections (a) and (b) shall not apply to injuries sustained on or after July 1, 2009, by an employee who is not eligible or authorized to work in the United States under federal immigration laws.

[Acts 1992, ch. 900, § 18; 2004, ch. 962, § 12; 2009, ch. 526, § 2.]