Workers Comp Reform Act
Jerry W. Lynch V. City of Jellico
&
David A. Lozano v. Lincoln Memorial University
Claiborne County - In these consolidated workers’ compensation appeals, we are asked to decide the constitutionality of various provisions of the Workers’ Compensation Reform Act of 2004. Specifically at issue is whether the benefit review conference requirement embodied in Tennessee Code Annotated sections 50-6-203(a) (2005), 50-6-225(a)(1) (2005), and 50-6-239(b) (2005), violates the due process protections of the Tennessee or United States Constitutions, the separation of powers doctrine in article II, sections 1 and 2 of Tennessee’s Constitution, or the open courts doctrine found in article I, section 17, of the Tennessee Constitution. Additionally, we are asked to decide whether the method used to determine permanent partial disability benefits, namely the multiplier provisions of Tennessee Code Annotated section 50-6-241(d)(1)(A) (2005) used in conjunction with the American Medical Association Guides to the Evaluation of Permanent Impairment (“AMA Guides”), violates equal protection; due process; the Tennessee Human Rights Act, Tennessee Code Annotated section 4-21-101 (2005); and the Tennessee Handicap Act, Tennessee Code Annotated section 8-50-103(a) (2002). The trial judge determined that each of these provisions of the Workers’ Compensation Reform Act of 2004–the benefit review conference, the multiplier, and use of the AMA Guides–is unconstitutional. After carefully considering the record and relevant authority, we conclude that the trial judge erred. Accordingly, the trial court’s judgments are reversed.
