Panel backs narrow fix to allow trial courts to award attorney fees in early workers'comp hearings

Sponsor Chairman Briggs described the bill as a narrow clarification restoring trial courts' ability to award attorney fees and costs at the expedited hearing phase of workers' compensation cases when an employer unreasonably denies or delays benefits.

Worker-compensation attorney Brad Burnett, who testified as an expert witness, said a string of appellate decisions discouraged trial courts from awarding fees, leaving injured workers unrepresented in many cases. "If only 29% of employees have legal representation in these cases," Burnett said, "we win at an expedited hearing and the courts are hesitant to award us pay for our time; the statute would allow a judge, by clear and convincing evidence, to award fees promptly." He said that change would make it feasible for counsel to take meritorious cases.

Representatives from NFIB and the Tennessee Chamber said they supported the narrow fix while opposing other removed provisions of the larger bill. Jim Brown of NFIB told the committee the parties had reached agreement on this limited portion.

Legal counsel and an outside expert clarified that the change applies only where the court finds an unreasonable denial by clear and convincing evidence and does not alter benefit levels or fee caps. The committee adopted the amendment to the bill and moved SB 2273 to the calendar; committee reporting indicated broad support from witnesses and members.