Tennessee Code Annotated
Tenn. Code Ann. § 50-6-236 (2026)
Workers' compensation mediators program
✓ current as of May 2026
- (a) The administrator shall establish a workers' compensation mediators program to assist injured or disabled employees, persons claiming death benefits, employers and other persons in protecting their rights, resolving disputes, and obtaining information pertinent to workers' compensation laws and practices.
- (b) In accordance with rules adopted by the administrator, the mediator shall conduct alternative dispute resolution and the mediator shall:
- (1) Mediate all disputes between the parties related to the resolution of a claim for workers' compensation benefits and assist in the adjustment of claims consistent with this chapter and the policies of the administrator;
- (2) Thoroughly inform all parties of their rights and responsibilities under this chapter, including the right of any party to be represented by an attorney of the party's choice;
- (3) Accept all documents and information presented to the bureau relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues and include them in the claim file; and
- (4) If the parties reach a full and final settlement, then either the mediator, or one (1) party's legal representative upon agreement of the parties, shall reduce the settlement to writing and each party, or their representative, shall sign. A settlement reached during alternative dispute resolution proceedings is not effective until it has been approved by a workers' compensation judge in accordance with the procedure provided in this chapter.
- (c)
- (1) When mediation is held, a person representing the employee and the employer, or the employer's insurer, with the authority to settle, shall attend. It shall not be required that the state or its representative who attends mediation have final settlement authority. Parties entering into mediation shall be prepared to mediate all disputed issues at the beginning of mediation and shall mediate all issues in good faith.
- (2) When a mediator determines that a party is not prepared to mediate as required or believes a party is not mediating in good faith, the mediator shall include comments to that effect in the dispute certification notice.
- (3) The administrator is authorized to promulgate rules to effectuate the purposes of this subsection (c) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The violation of those rules or this subsection (c) may subject the party or their representative to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000).
- (d)
- (1) If the parties are unable to reach settlement of any disputed issues, the mediator shall issue a written dispute certification notice setting forth all unresolved issues for hearing before a workers' compensation judge.
- (2) The dispute certification shall be issued on a form prescribed by the administrator and signed by the assigned workers' compensation mediator who shall distribute a copy of the signed dispute certification notice to all parties in accordance with rules adopted by the administrator.
- (3)
- (A) No party is entitled to a hearing before a workers' compensation judge to determine temporary or permanent benefits or to resolve a dispute over the terms of an agreed settlement of a workers' compensation claim, unless a workers' compensation mediator has issued a dispute certification notice setting forth the issues for adjudication by a workers' compensation judge.
- (B) Within five (5) business days after a copy of the dispute certification notice signed by the mediator has been distributed to the parties, any party may, on no more than one (1) occasion for each notice, present a written request that the contents of the dispute certification notice be amended to the mediator who presided over the alternative dispute resolution proceeding.
- (C) If a written request to amend the dispute certification notice is presented to the mediator before the expiration of the five (5) business day period provided in subdivision (d)(3)(B), the mediator shall, within three (3) business days after the initial five (5) business day period ends, issue an amended dispute certification notice. If no amended dispute certification notice is signed by the mediator and distributed to the parties, the initial dispute certification notice distributed to the parties pursuant to subdivision (d)(3) shall remain in effect.
- (e) A workers' compensation mediator shall not be an advocate for either party and shall mediate all issues without favor or presumption for or against either party. A mediator shall have no authority to order the provision of workers' compensation benefits.
- (f) Any person employed as a workers' compensation mediator shall not engage in mediation, litigation, or determination of workers' compensation claims outside of the workers' compensation mediator's duties as a workers' compensation mediator.
- (g) If, following a request by the mediator, a party fails to produce documents, to cooperate in scheduling mediation, or to provide a representative authorized to settle a matter in attendance at mediation, then the mediator may issue a dispute certification notice and include a statement detailing the party's failure to cooperate, produce documents or to ensure attendance of a representative authorized to settle the claim. On the motion of either party or on the workers' compensation judge's motion, a workers' compensation judge is authorized, but not required, to hold a hearing on the failure to produce documents requested by the mediator, to cooperate in scheduling and to provide a representative who possessed settlement authority. If the workers' compensation judge determines that the failure lacked good cause or resulted from bad faith, then the workers' compensation judge may assess the offending party who failed to take the requested action with attorney's fees and costs related only to the mediation and the hearing. The administrator is authorized to promulgate rules to effectuate the purposes of this subsection (g) in accordance with the Uniform Administrative Procedures Act.
Amended by 2023 Tenn. Acts, ch. 145,s 4, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Acts 1992, ch. 900, § 11; 1996, ch. 944, §§ 19, 20; 1999 , ch. 242, § 1; 1999 , ch. 520, § 41; 2004 , ch. 962, §§ 18, 19; 2005 , ch. 390, § 8; 2013 , ch. 289, § 76; 2015 , ch. 341, § 15.
Notes of Decisions
Cited in 16
cases (6 in the last 5 years), 2003–2025 · leading case: McCall v. Nat'l Health Corp., 100 S.W.3d 209 (Tenn. 2003).
McCall v. Nat'l Health Corp., 100 S.W.3d 209 (Tenn. 2003). “” Tenn.Code Ann. § 50-6-236 (1999). In addition, the specialist has *212 the power to initiate temporary disability benefits and medical benefits.”
Lynch v. City of Jellico, 205 S.W.3d 384 (Tenn. 2006). “Tenn.Code Ann. § 50-6-236(a) (2005). The legislature has determined that workers’ compensation specialists “shall be trained in the principles and procedures of dispute mediation” and receive training "on the department’s workers’ compensation system, the Tennessee workers'…”
Valladares, Lazaro v. Transco Prods., Inc., et al. & Williams Specialty Servs., LLC., et al., 2016 TN WC App. 34 (Tenn. Work. Comp. App. Bd. 2016). “See Tenn. Code Ann. § 50-6-236 (b) (2015). If the parties are unable to reach an agreement, the mediator prepares and issues a dispute certification notice, “setting forth all unresolved issues for hearing before a workers’ compensation judge.”
Lawson, Linda V. HDK Indus., Inc., 2017 TN WC App. 23 (Tenn. Work. Comp. App. Bd. 2017). “” Tenn. Code Ann. § 50-6-236 (d)(1)-(2). Thereafter, the parties are allowed a period of time to request amendments to the dispute certification notice, and in circumstances such as are presented in the instant case where no amended notice is signed by the mediator, “the initial…”
Taylor, Vincent v. Am. Tire Distributors, 2017 TN WC App. 46 (Tenn. Work. Comp. App. Bd. 2017). “” This document, signed and issued by a mediator, stated that the parties could file an amended petition using the same docket and state file numbers and that the mediator was issuing the notice of withdrawal pursuant to Tennessee Code Annotated section 50-6-236. Employee filed…”
McNicholas, Carol v. Whelan Sec. Co., 2025 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2025). “) 3 Employer does not directly allege that the DCN was issued prematurely; however, pursuant to Tennessee Code Annotated section 50-6-236(c) and (d), a DCN cannot be issued until the parties have been unable to resolve one or more issues following mediation.”
Tyson Foods (Re: Sandra Gibson) v. Tennessee Dep't of Labor & Workforce Dev., Workers' Comp. Div. (Tenn. Ct. App. 2011). “In complex cases, the parties may engage in formal discovery pursuant to Tenn. Code Ann. § 50-6-236 (i) and Tenn. Comp.”
Pettiford, Charles v. Express Servs., Inc., 2020 TN WC 1 (Tenn. Ct. Work. Comp. Cl. 2020). “The Court denied the motion on November 1, 2019, due to lack of subject- matter jurisdiction under Tennessee Code Annotated section 50-6-236(d)(3)(A) (2019). l accompanied the summary judgment motion.”
Herrera, Jesus v. Pedro Luna & Turcios Masonry, 2020 TN WC 32 (Tenn. Ct. Work. Comp. Cl. 2020). “See Tenn. Code Ann. § 50-6-236 (d)(3)(A). 2 recovery.”
Watson, Mekisha v. Lowe's Home Centers, Inc., 2023 TN WC App. 3 (Tenn. Work. Comp. App. Bd. 2023). “Tenn. Code Ann. § 50-6-236 (d)(1) (2022) (emphasis added).”
Thomas, Kimberlee v. Duracell-Cleveland, 2024 TN WC App. 10 (Tenn. Work. Comp. App. Bd. 2024). “The term is also not contained in Tennessee Code Annotated section 50-6-236, which discusses the duties of Bureau mediators and the procedures for mediating claims, nor is it contained in any other section of the Workers’ Compensation Law.”
Yoder, Chris v. Crum & Forster Holdings Corp., 2024 TN WC 93 (Tenn. Ct. Work. Comp. Cl. 2024). “The parties waived the five-business-day period for amendments to the notice in section 50-6-236(d)(3)(B), which they confirmed on the record at the hearing.”
— Tenn. Code Ann. § 50-6-236(a) — 2 cases
Lynch v. City of Jellico, 205 S.W.3d 384 (Tenn. 2006). “Tenn.Code Ann. § 50-6-236(a) (2005). The legislature has determined that workers’ compensation specialists “shall be trained in the principles and procedures of dispute mediation” and receive training "on the department’s workers’ compensation system, the Tennessee workers'…”
McCall v. Nat'l Health Corp., 100 S.W.3d 209 (Tenn. 2003). “” Tenn.Code Ann. § 50-6-236 (1999). In addition, the specialist has *212 the power to initiate temporary disability benefits and medical benefits.”
— Tenn. Code Ann. § 50-6-236(c) — 2 cases
McNicholas, Carol v. Whelan Sec. Co., 2025 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2025). “) 3 Employer does not directly allege that the DCN was issued prematurely; however, pursuant to Tennessee Code Annotated section 50-6-236(c) and (d), a DCN cannot be issued until the parties have been unable to resolve one or more issues following mediation.”
McClain, Jackie v. Golden Servs., Inc., 2025 TN WC App. 27 (Tenn. Work. Comp. App. Bd. 2025).
— Tenn. Code Ann. § 50-6-236(d) — 1 case
Lawson, Linda V. HDK Indus., Inc., 2017 TN WC App. 23 (Tenn. Work. Comp. App. Bd. 2017). “” Tenn. Code Ann. § 50-6-236 (d)(1)-(2). Thereafter, the parties are allowed a period of time to request amendments to the dispute certification notice, and in circumstances such as are presented in the instant case where no amended notice is signed by the mediator, “the initial…”
— Tenn. Code Ann. § 50-6-236(d)(3) — 1 case
McNicholas, Carol v. Whelan Sec. Co., 2025 TN WC App. 21 (Tenn. Work. Comp. App. Bd. 2025). “) 3 Employer does not directly allege that the DCN was issued prematurely; however, pursuant to Tennessee Code Annotated section 50-6-236(c) and (d), a DCN cannot be issued until the parties have been unable to resolve one or more issues following mediation.”
— Tenn. Code Ann. § 50-6-236(d)(3)(A) — 1 case
Pettiford, Charles v. Express Servs., Inc., 2020 TN WC 1 (Tenn. Ct. Work. Comp. Cl. 2020). “The Court denied the motion on November 1, 2019, due to lack of subject- matter jurisdiction under Tennessee Code Annotated section 50-6-236(d)(3)(A) (2019). l accompanied the summary judgment motion.”
— Tenn. Code Ann. § 50-6-236(d)(3)(B) — 1 case
Yoder, Chris v. Crum & Forster Holdings Corp., 2024 TN WC 93 (Tenn. Ct. Work. Comp. Cl. 2024). “The parties waived the five-business-day period for amendments to the notice in section 50-6-236(d)(3)(B), which they confirmed on the record at the hearing.”
— Tenn. Code Ann. § 50-6-236(f) — 1 case
Lynch v. City of Jellico, 205 S.W.3d 384 (Tenn. 2006). “Tenn.Code Ann. § 50-6-236(a) (2005). The legislature has determined that workers’ compensation specialists “shall be trained in the principles and procedures of dispute mediation” and receive training "on the department’s workers’ compensation system, the Tennessee workers'…”
— Tenn. Code Ann. § 50-6-236(m) — 1 case
Lynch v. City of Jellico, 205 S.W.3d 384 (Tenn. 2006). “Tenn.Code Ann. § 50-6-236(a) (2005). The legislature has determined that workers’ compensation specialists “shall be trained in the principles and procedures of dispute mediation” and receive training "on the department’s workers’ compensation system, the Tennessee workers'…”
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