Almost as difficult as repealing a tax is wresting workers’ compensation from the trial courts in Tennessee.  Undaunted, business groups have relentlessly chipped away at this gargantuan task over the past several years. In response to a 2012 Request for Proposals issued by the Tennessee Department of Labor and Workforce Development, consultants Gregory Krohm and Matthew Bryant answered the call and issued an exhaustive, 135-page report with comprehensive recommendations. The Krohm/Bryant Report highlights Tennessee’s elevated workers’ compensation costs as compared to her neighboring states and considers Tennessee’s overall workers’ compensation/business landscape.

The sweeping recommendations, which Krohm/Bryant artfully label as fundamental changes “that will make [Tennessee’s] system a model for its neighboring states”, run the gamut from overhauling the PPD multiplier system; to clarifying the causation standard; to simplifying the Utilization Review process; to establishing an ombudsman program; and to ultimately transforming “the Tennessee system to one of administrative justice.”

With the Krohm/Bryant Report in hand and with an eager and highly-motivated business contingent at his side, Governor Bill Haslam appears poised to bring the fight for “administrative justice” to the legislature. Will 2013 be the year that Tennessee stakes its claim as the “standard of excellence” for Workers’ Compensation systems in the Southeast? Keep an eye for sparks to fly in Nashville.

By: Byron K. Lindberg