Tennessee Code Annotated
Tenn. Code Ann. § 50-6-238 (2026)
Appointment of workers' compensation judges - Duties of judges - Appointment of chief judge of the court of workers' compensation claims - Duties of chief judge - Appointment of clerk of the court of workers' compensation claims - Duties of clerk
✓ current as of May 2026
- (a)
- (1) On or after July 1, 2013, the administrator shall appoint qualified individuals to serve as workers' compensation judges. Workers' compensation judges shall be Tennessee licensed attorneys in good standing with at least five (5) years experience in workers' compensation matters and shall be at least thirty (30) years of age. Workers' compensation judges shall be executive service employees of the state as defined in § 8-30-103.
- (2)
- (A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers' compensation judges to ensure that the terms of no more than seven (7) workers' compensation judges shall terminate at the same time.
- (B) Except for the initial appointment of candidates to fill the position of workers' compensation judge, upon appointment, each workers' compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers' compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers' compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1).
- (C) Any workers' compensation judge may be reappointed by the administrator upon expiration of the term.
- (D) If a workers' compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge shall be eligible to serve an additional three (3) full terms.
- (3) It shall be the duty of a workers' compensation judge to hear and determine claims for compensation, to approve settlements of claims for compensation, to conduct hearings, and to make orders, decisions, and determinations. Workers' compensation judges shall conduct hearings in accordance with the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the rules adopted by the bureau and shall have authority to swear in witnesses at hearings and other court of workers' compensation claims functions, to issue subpoenas, to compel obedience to their judgments, orders, and process through the assessment of a penalty as provided in § 50-6-118, and to conduct judicial settlement conferences.
- (4) In any claim for workers' compensation death benefits, a workers' compensation judge shall have the authority to appoint a guardian ad litem consistent with § 37-1-149 and Tennessee Supreme Court Rule 40. For purposes of this section, "guardian ad litem" means a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child's concerns and preferences are effectively advocated. The court shall have authority to award a reasonable fee for the services provided by the guardian ad litem, which shall be paid by the employer.
- (b)
- (1) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as chief judge of the court of workers' compensation claims. The individual shall be a Tennessee licensed attorney in good standing with at least seven (7) years experience in workers' compensation matters. The chief judge shall be an executive service employee of the state as defined in § 8-30-103.
- (2) In addition to performing the duties required of a workers' compensation judge by subdivision (a)(3), it shall be the duty of the chief judge, under the rules adopted by the bureau, to administer the day to day operations of the court of workers' compensation claims and supervise the activities of workers' compensation judges.
- (3) Upon appointment, the chief judge shall serve a term of six (6) years and may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. Service of more than half of a six-year term constitutes service of one (1) full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms.
- (c) Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1-4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all workers' compensation judges. However, any complaints regarding the conduct of a workers' compensation judge under the code shall be made to the chief workers' compensation judge. Any complaints about the chief judge shall be made to the administrator.
- (d) The administrator shall have authority to remove a workers' compensation judge or the chief judge during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1).
- (e) Any person appointed to serve as a workers' compensation judge or as the chief judge shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge's skill and ability. The governor, an active or retired Tennessee judge or chancellor, or an active or retired judge of the court of workers' compensation claims or workers' compensation appeals board may administer the oath.
- (f) No workers' compensation judge or chief judge shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a workers' compensation judge or chief judge. A newly appointed workers' compensation judge or chief judge can practice law only in an effort to wind up the judge's practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of workers' compensation judge or chief judge.
- (g) When considering the appointment of an individual to serve as a workers' compensation judge or as the chief judge, the administrator shall consider comment from the members of the business, labor and legal communities concerning the suitability of the individual for appointment as a workers' compensation judge or the chief judge.
- (h) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as the clerk of the court of workers' compensation claims whose duty it shall be to perform all the clerical functions of the court. The clerk of the court of workers' compensation claims shall be an executive service employee of the state as defined in § 8-30-103.
- (i) The judges of the court of workers' compensation claims shall have execution authority as provided in title 26.
Acts 1992, ch. 900, § 13; 1998, ch. 1024, §§ 24, 25; 1999, ch. 265, §§ 1, 2; 1999, ch. 520, § 41; 2000, ch. 852, §§ 17 - 19; 2001, ch. 192, § 16; 2004, ch. 962, § 7; 2006, ch. 772, § 1; 2006, ch. 778, § 1; 2006, ch. 1014, § 2; 2007, ch. 403, § 2; 2008, ch. 1183, §§ 1 - 3; 2013, ch. 289, § 79; 2015, ch. 341, §§ 9 - 11, 15; 2016, ch. 816, § 8; 2021, ch. 286, § 4; 2022, ch. 715, § 4.
Notes of Decisions
Cited in 34
cases (10 in the last 5 years), 2003–2026 · leading case: Lacey Chapman v. Davita, Inc., 380 S.W.3d 710 (Tenn. 2012).
Lacey Chapman v. Davita, Inc., 380 S.W.3d 710 (Tenn. 2012). “Chapman filed a request for assistance with TDOL pursuant to Tennessee Code Annotated section 50-6-238. 2 When TDOL failed to act promptly, Ms.”
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
McCall v. Nat'l Health Corp., 100 S.W.3d 209 (Tenn. 2003). “Tenn.Code Ann. § 50-6-238 (1999). National contends that these statutes vest exclusive power in the specialist to initiate temporary benefits prior to trial.”
Walter Word v. Metro Air Servs., Inc., 377 S.W.3d 671 (Tenn. 2012). “Because the legislature authorized the division of workers’ compensation to create a benefit review conference process, Tenn.Code Ann. § 50-6-238(a)(3), (c)(2) (2008), this regulation has the force and effect of law.”
Tyson Foods (Re: Sandra Gibson) v. Tennessee Dep't of Labor & Workforce Dev., Workers' Comp. Div. (Tenn. Ct. App. 2011). “The trial court determined that it lacked subject matter jurisdiction to review the decision of the Department under the common law writ of certiorari because the General Assembly had not specifically provided for an interlocutory review of a decision under the Request for…”
C. H. Guenther & Son, Inc. v. Sue Ann Head (Tenn. Ct. App. 2012). “In accordance with what it understood to be the agreed interpretation of the parties, the trial court construed Tenn. Code Ann. § 50-6-204 (g)(2)(D)(ii), which incorporates Tenn.”
Turnage, Clarence v. Dole Refrigerating Co., Inc., 2020 TN WC 26 (Tenn. Ct. Work. Comp. Cl. 2020). “Law and Analysis The Workers’ Compensation Law broadly defines the duties of guardians ad litem as “to advocate for the best interests of a child and to ensure that the child’s concerns and preferences are effectively advocated.”
Almalhi, Asad v. Indmar Prods. Co., Inc., 2024 TN WC App. 33 (Tenn. Work. Comp. App. Bd. 2024). “See Tenn. Code Ann. § 50-6-238 (a)(3). Second, the court noted the concerns expressed by the Tennessee Court of Appeals that “litigants can be ‘partially or completely excluded from full participation in the proceedings due to limited English proficiency (“LEP”).”
Syph, Deborah v. Choice Food Grp., Inc., 2016 TN WC App. 18 (Tenn. Work. Comp. App. Bd. 2016). “See Tenn. Code Ann. § 50-6-238 (2015). The general assembly also expressed its intent that the Court of Workers' Compensation Claims shall "conduct hearings in accordance with the Tennessee Rules of Civil Procedure and the Tennessee Rules of Evidence.”
Goodyear Tire & Rubber Co. v. Karla Davis (Tenn. Ct. App. 2015). “Settle moved to Big Lake, Minnesota, and requested that she be provided a second panel of physicians in Minnesota so that her treatment could continue; Liberty 1 Pursuant to Tenn. Code Ann. § 50-6-238 (a)(1)(A), “[a]ny party or their attorney may request the assistance of a…”
Venable, Tim v. Superior Essex, Inc., 2016 TN WC App. 57 (Tenn. Work. Comp. App. Bd. 2016). “” Tenn. Code Ann. § 50-6-238 (a)(3) (2015).”
Turner, David v. Pee Dee Country Enter., Inc., 2021 TN WC App. 68 (Tenn. Work. Comp. App. Bd. 2021). “See also Tenn. Code Ann. § 50-6-238 (a)(1) (2014).”
— Tenn. Code Ann. § 50-6-238(a)(1)(A) — 1 case
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
— Tenn. Code Ann. § 50-6-238(a)(2) — 2 cases
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
Lacey Chapman v. Davita, Inc., 380 S.W.3d 710 (Tenn. 2012). “Chapman filed a request for assistance with TDOL pursuant to Tennessee Code Annotated section 50-6-238. 2 When TDOL failed to act promptly, Ms.”
— Tenn. Code Ann. § 50-6-238(a)(3) — 13 cases
Walter Word v. Metro Air Servs., Inc., 377 S.W.3d 671 (Tenn. 2012). “Because the legislature authorized the division of workers’ compensation to create a benefit review conference process, Tenn.Code Ann. § 50-6-238(a)(3), (c)(2) (2008), this regulation has the force and effect of law.”
Venable, Tim v. Superior Essex, Inc, 2016 TN WC 202 (Tenn. Ct. Work. Comp. Cl. 2016).
Venable, Tim v. Superior Essex, Inc, 2016 TN WC 204 (Tenn. Ct. Work. Comp. Cl. 2016).
Johnson, Dorothy v. Pilgrim's Pride, Inc., 2016 TN WC 263 (Tenn. Ct. Work. Comp. Cl. 2016).
Wilson, Michael v. Dixie Produce, Inc., 2017 TN WC 131 (Tenn. Ct. Work. Comp. Cl. 2017).
— Tenn. Code Ann. § 50-6-238(a)(4) — 2 cases
Turnage, Clarence v. Dole Refrigerating Co., Inc., 2020 TN WC 26 (Tenn. Ct. Work. Comp. Cl. 2020). “Law and Analysis The Workers’ Compensation Law broadly defines the duties of guardians ad litem as “to advocate for the best interests of a child and to ensure that the child’s concerns and preferences are effectively advocated.”
Smith, Timeka v. Chattanooga Area Reg'l Transit Auth., 2016 TN WC 4 (Tenn. Ct. Work. Comp. Cl. 2016).
— Tenn. Code Ann. § 50-6-238(a)(5) — 1 case
Lacey Chapman v. Davita, Inc., 380 S.W.3d 710 (Tenn. 2012). “Chapman filed a request for assistance with TDOL pursuant to Tennessee Code Annotated section 50-6-238. 2 When TDOL failed to act promptly, Ms.”
— Tenn. Code Ann. § 50-6-238(b) — 2 cases
McCall v. Nat'l Health Corp., 100 S.W.3d 209 (Tenn. 2003). “Tenn.Code Ann. § 50-6-238 (1999). National contends that these statutes vest exclusive power in the specialist to initiate temporary benefits prior to trial.”
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
— Tenn. Code Ann. § 50-6-238(c) — 1 case
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
— Tenn. Code Ann. § 50-6-238(d) — 2 cases
C. H. Guenther & Son, Inc. v. Sue Ann Head (Tenn. Ct. App. 2012). “In accordance with what it understood to be the agreed interpretation of the parties, the trial court construed Tenn. Code Ann. § 50-6-204 (g)(2)(D)(ii), which incorporates Tenn.”
Lowder, William v. XPO Logistics Freight, Inc., 2019 TN WC 97 (Tenn. Ct. Work. Comp. Cl. 2019).
— Tenn. Code Ann. § 50-6-238(d)(3) — 1 case
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
— Tenn. Code Ann. § 50-6-238(d)(l) — 1 case
Lacey Chapman v. Davita, Inc., 380 S.W.3d 710 (Tenn. 2012). “Chapman filed a request for assistance with TDOL pursuant to Tennessee Code Annotated section 50-6-238. 2 When TDOL failed to act promptly, Ms.”
— Tenn. Code Ann. § 50-6-238(e) — 1 case
Randstad North Am., L.P. v. Tennessee Dep't of Labor & Workforce Dev., 372 S.W.3d 98 (Tenn. Ct. App. 2011). “This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. § 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.”
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