Chapter 14 – Defense, Litigation, and Settlement Despite the glamour of court as played out in the media, in reality there are very few true winners in litigation. From the time it consumes to the relationships that are forever severed, it is not the recommended first place to try to resolve differences. However, there are always situations that can only be resolved through litigation. For Workers Compensation Cases in the State of Tennessee, for injuries occurring on or after July 1, 2014, the venue will be The Tennessee Court of Workers Compensation. Chapter Fourteen explores this new and exciting court system for the State of Tennessee. This system is laid out to be very responsive and quick to resolve issues while keeping focused on treating the injured employee. We will present defenses that are available along with current case law of recent litigation. By understanding what defenses are available is the first step in prevailing or avoiding litigation. In addition we will analyze the settlement of a Permanent Partial Disability claim, review what factors will lead a Court of Workers Compensation Judge to award a Permanent Total Disability Claim and the potential costs associated with this type of award. In this same realm we will break down the Death and Dependent Survivors Benefits.

A designee will view the settlement of Future Medical cost as well as the impact of Medicare Set Asides and eliminate the mysteries even the most seasoned professionals have. By reviewing the history of the Medicare Secondary Payers Act and the Center for Medicare Services Memos will shed light on the purpose and consequences of this very important topic. -Check out the Introduction video for Chapter Fourteen-

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