§ 50-6-229 — Commutation to lump sum payment with consent of court

Tennessee § 50-6-229

• Jurisdiction: Tennessee
• Title: 50

Text

(a) The amounts of compensation payable periodically under this chapter may be commuted to one (1) or more lump sum payments. These may be commuted upon motion of any party subject to the approval of the court of workers' compensation claims. No agreed stipulation or order or any agreement by the employer and employee or any other party to the proceeding shall be a prerequisite to the court's approval or disapproval of the award being paid in one (1) or more lump sum payments. In making the commutation, the lump sum payment shall, in the aggregate, amount to a sum of all future installments of compensation. No settlement or compromise shall be made except on the terms provided in this chapter. In determining whether to commute an award, the trial court shall consider whether the commutation will be in the best interest of the employee, and the court shall also consider the ability of the employee to wisely manage and control the commuted award, regardless of whether special needs exist. Attorneys' fees may be paid as a partial lump sum from any award when approved and ordered by the trial judge. (b) All settlements of compensation by agreement of the parties and all awards of compensation made by the court of workers' compensation claims, when the amount paid or to be paid in settlement or by award does not exceed the compensation for twenty-six (26) weeks of disability, shall be final and not subject to readjustment. (c) All amounts paid by the employer and received by the employee or the employee's dependents, by lump sum payments, shall be final, but the amount of any award payable periodically for more than twenty-six (26) weeks may be modified as follows: (1) At any time by agreement of the parties and approval by the court; or (2) If the parties do not agree, then at any time after twenty-six (26) weeks from the date of the award, either party may file an application to the court of workers' compensation claims, on the ground of increase or decrease of incapacity due solely to the injury.

Legislative History

Acts 1919, ch. 123, § 36; Shan. Supp., § 3608a186; Code 1932, § 6890; Acts 1947, ch. 139, § 12; C. Supp. 1950, § 6890; Acts 1971, ch. 300, § 2; 1979, ch. 295, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1023; Acts 1983, ch. 217, § 5; 1985, ch. 393, § 16; 1990, ch. 843, § 1; 1992, ch. 900, § 25; 1999, ch. 520, § 41; 2013, ch. 289, §§ 67, 68; 2016, ch. 816, § 7.