Tennessee Legislative Update 2011 – Worker’s Comp Legislation

The Tennessee General Assemby has made it more difficult to bring worker’s compensation cases when the injured employee tests positive for the presence of alcohol or other drugs.

Under current T.C.A. Sec. 50-6-110 if an injured employee has a positive (within defined limits) blood test  it is presumed that the use of  alcohol or other drug was the cause of the injury.  However, that presumption can be rebutted by other evidence.

Public Chapter 203  raises the burden of proof  on the employee in such cases from "preponderance of the evidence" to "clear and convincing."