50-6-101. Short title.

This chapter shall be known and may be cited as the "Workers' Compensation Law." 

[Acts 1919, ch. 123, § 1; Shan. Supp., § 3608a137; Code 1932, § 6851; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-901.]

50-6-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: 

(1) "Administrator" means the chief administrative officer of the division of workers' compensation of the department of labor and workforce development; 

(2) "AMA Guides" means the most recent edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, American Medical Association. In the event of a release of a new edition of the publication in a given year, the new edition shall be deemed to be the most recent edition on January 1 of the year following its release. The edition that is in effect on the date the employee is injured is the edition that shall be applicable to the claim; 

(3) (A) "Average weekly wages" means the earnings of the injured employee in the employment in which the injured employee was working at the time of the injury during the period of fifty-two (52) weeks immediately preceding the date of the injury divided by fifty-two (52); but if the injured employee lost more than seven (7) days during the period when the injured employee did not work, although not in the same week, then the earnings for the remainder of the fifty-two (52) weeks shall be divided by the number of weeks remaining after the time so lost has been deducted; 

(B) Where the employment prior to the injury extended over a period of less than fifty-two (52) weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed; provided, that results just and fair to both parties will thereby be obtained; 

(C) Where, by reason of the shortness of the time during which the employee has been in the employment of the employee's employer, it is impracticable to compute the average weekly wages as defined in this subdivision (3) regard shall be had to the average weekly amount that, during the first fifty-two (52) weeks prior to the injury or death, was being earned by a person in the same grade, employed at the same work by the same employer, and if there is no such person so employed, by a person in the same grade employed in the same class of employment in the same district; 

(D) Wherever allowances of any character made to any employee in lieu of wages are specified as part of the wage contract, they shall be deemed a part of such employee's earnings; 

(4) "Benefit review conference" means a nonadversarial, informal dispute resolution proceeding to mediate and resolve workers' compensation disputes as provided in this chapter; 

(5) "Case management" means medical case management or the ongoing coordination of medical care services provided to an injured or disabled employee on all cases where medical care expenses are expected to exceed a threshold; 

(6) "Commissioner" means the commissioner of labor and workforce development; 

(7) "Construction design professional" means: 

(A) Any person possessing a valid registration or license entitling that person to practice the technical profession of architecture, engineering, landscape architecture or land surveying in Tennessee; 

(B) Any corporation, partnership, firm or other legal entity authorized by law to engage in the practice of any such technical profession in Tennessee; or 

(C) Any person, firm or corporation providing interior space planning or design in Tennessee; 

(8) "Department" means the department of labor and workforce development; 

(9) "Division" or "division of workers' compensation" means the division of workers' compensation of the department of labor and workforce development; 

(10) (A) "Employee" includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of such corporate officials, in the service of an employer, as employer is defined in subdivision (12), under any contract of hire or apprenticeship, written or implied. Any reference in this chapter to an employee who has been injured shall, where the employee is dead, also include the employee's legal representatives, dependents and other persons to whom compensation may be payable under the Workers' Compensation Law, compiled in this chapter; 

(B) "Employee" also includes a sole proprietor or a partner who devotes full time to the proprietorship or partnership and elects to be included in the definition of "employee" by filing written notice thereof with the division at least thirty (30) days before the occurrence of any injury or death, and may at any time withdraw the acceptance by giving notice of the withdrawal to the division; 

(C) The provisions of this subdivision (10), allowing a sole proprietor or a partner to elect to come under the provisions of the Workers' Compensation Law, compiled in this chapter, shall not be construed to deny coverage of such sole proprietor or partner under any individual or group accident and sickness policy the sole proprietor or partner may have in effect, in cases where such sole proprietor or partner has elected not to be covered by the provisions of the Workers' Compensation Law, for injuries sustained by such sole proprietor or partner that would have been covered by the provisions of the Workers' Compensation Law had such election been made, notwithstanding any provision of the accident and sickness policy to the contrary. Nothing in this section shall require coverage of occupational injuries or sicknesses, if such are not covered under the terms of the policy without reference to eligibility for workers' compensation benefits; 

(11) In a work relationship, in order to determine whether  an individual is an "employee," or whether an individual is a "subcontractor" or an "independent contractor," the following factors shall be considered: 

(A) The right to control the conduct of the work; 

(B) The right of termination; 

(C) The method of payment; 

(D) The freedom to select and hire helpers; 

(E) The furnishings of tools and equipment; 

(F) Self scheduling of working hours; and 

(G) The freedom to offer services to other entities; 

(12) "Employer" includes any individual, firm, association or corporation, or the receiver, or trustee of the same, or the legal representative of a deceased employer, using the services of not less than five (5) persons for pay, except as provided in § 50-6-113, and, in the case of an employer engaged in the mining and production of coal, one (1) employee for pay. If the employer is insured, it shall include the employer's insurer, unless otherwise provided in this chapter; 

(13) "Injury" and "personal injury" mean an injury by accident arising out of and in the course of employment that causes either disablement or death of the employee and shall include occupational diseases arising out of and in the course of employment that cause either disablement or death of the employee and shall include a mental injury arising out of and in the course of employment; 

(14) "Maximum total benefit" means the sum of all weekly benefits to which a worker may be entitled; and 

(A) For injuries occurring between July 1, 1990, and June 30, 1991,  the maximum total benefit shall be one hundred nine thousand two hundred dollars ($109,200); 

(B) For injuries occurring on or after July 1, 1991, and before August 1, 1992, the maximum total benefit shall be one hundred seventeen thousand six hundred dollars ($117,600); and 

(C) For injuries occurring on or after July 1, 1992, the maximum total benefit shall be four hundred (400) weeks times the maximum weekly benefit except in instances of permanent total disability; 

(15) (A) "Maximum weekly benefit" means the maximum compensation payable to the worker per week; and 

(i) For injuries occurring between July 1, 1990, and June 30, 1991, the maximum weekly benefit shall be two hundred seventy-three dollars ($273) per week; 

(ii) For injuries occurring on or after July 1, 1991, and before August 1, 1992, the maximum weekly benefit shall be two hundred ninety-four dollars ($294) per week; 

(iii) For injuries occurring on or after August 1, 1992, through June 30, 1993, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to seventy-eight percent (78%) of the state's average weekly wage, as determined by the division; 

(iv) For injuries occurring on or after July 1, 1993, through June 30, 1994, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to eighty-two and four-tenths percent (82.4%) of the state's average weekly wage, as determined by the department; 

(v) For injuries occurring on or after July 1, 1994, through June 30, 1995, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to eighty-six and eight-tenths percent (86.8%) of the state's average weekly wage, as determined by the department; 

(vi) For injuries occurring on or after July 1, 1995, through June 30, 1996, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to ninety-one and two-tenths percent (91.2%) of the state's average weekly wage, as determined by the department; 

(vii) For injuries occurring on or after July 1, 1996, through June 30, 1997, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to ninety-five and six-tenths percent (95.6%) of the state's average weekly wage as determined by the department; 

(viii) For injuries occurring on or after July 1, 1997, through June 30, 2004, the maximum weekly benefit shall be sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage up to one hundred percent (100%) of the state's average weekly wage as determined by the division; 

(ix) For injuries occurring on or after July 1, 2004, the maximum weekly benefit for permanent disability benefits shall be sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wage up to one hundred percent (100%) of the state's average weekly wage, as determined by the department; and 

(x) (a) For injuries occurring on or after July 1, 2004, through June 30, 2005, the maximum weekly benefit for temporary disability benefits shall be sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wage up to one hundred five percent (105%) of the state's average weekly wage, as determined by the department; and 

(b) For injuries occurring on or after July 1, 2005, the maximum weekly benefit for temporary disability benefits shall be sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wage up to one hundred ten percent (110%) of the state's average weekly wage, as determined by the department. 

(B) As used in this subdivision (15), the state average weekly wage shall be determined as of the preceding January 1, and shall be adjusted annually using the data from the division and shall be effective on July 1 of each year; 

(16) "Mental injury" means a loss of mental faculties or a mental or behavioral disorder where the proximate cause is a compensable physical injury resulting in a permanent disability, or an identifiable work-related event resulting in a sudden or unusual mental stimulus. A mental injury shall not include a psychological or psychiatric response due to the loss of employment or employment opportunities; 

(17) "Minimum weekly benefit" means the minimum compensation per week payable to the worker; 

(A) For injuries occurring between July 1, 1985, and June 30, 1986, the minimum weekly benefit shall be twenty dollars ($20.00) per week; 

(B) For injuries occurring between July 1, 1986, and June 30, 1987, the minimum weekly benefit shall be twenty-five dollars ($25.00) per week; 

(C) For injuries occurring between July 1, 1987, and June 30, 1988, the minimum weekly benefit shall be thirty dollars ($30.00) per week; 

(D) For injuries occurring on or after July 1, 1988, and before July 1, 1993, the minimum weekly benefit shall be thirty-five dollars ($35.00) per week; and 

(E) For injuries occurring on or after July 1, 1993, the minimum weekly benefit shall be fifteen percent (15%) of the state's average weekly wage, as determined by the division; 

(18) "Utilization review" means evaluation of the necessity, appropriateness, efficiency and quality of medical care services provided to an injured or disabled employee based on medically accepted standards and an objective evaluation of the medical care services provided; provided, that "utilization review" does not include the establishment of approved payment levels or a review of medical charges or fees; and 

(19) "Workers' compensation specialist" or "specialist" means a department employee who provides information and communication services regarding workers' compensation for employees and employers, and who conducts benefit review conferences and performs other duties as provided in this chapter. 

[Acts 1919, ch. 123, § 2; 1923, ch. 84, § 2; Shan. Supp., § 3608a138; Code 1932, § 6852; Acts 1941, ch. 90, § 1; 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1961, ch. 184, § 1; 1963, ch. 362, § 2; 1971, ch. 300, § 1; 1977, ch. 339, § 1; 1978, ch. 499, § 1; 1978, ch. 687, § 1; impl. am. Acts 1980, ch. 534, §§ 1, 3; Acts 1981, ch. 239, § 1; T.C.A. (orig. ed.), § 50-902; Acts 1985, ch. 393, § 1; 1988, ch. 923, § 1; 1990, ch. 990, § 1; 1991, ch. 225, § 1; 1992, ch. 900, §§ 2, 19, 20, 28; 1997, ch. 330, § 1; 1999, ch. 520, § 41; 2002, ch. 833, §§ 4, 5; 2004, ch. 962, §§ 22, 23, 32.]

50-6-103. Scope of chapter.

(a)  Every employer and employee subject to the Workers' Compensation Law, compiled in this chapter, shall, respectively, pay and accept compensation for personal injury or death by accident arising out of and in the course of employment without regard to fault as a cause of the injury or death; provided, that any employee who is a corporate officer of the employer shall not be bound if such employee has given, prior to any accident resulting in injury or death, notice to be exempted from the provisions of such law as provided in this part. 

(b)  The election by any employee who is a corporate officer of the employer to be exempted from the provisions of the Workers' Compensation Law, compiled in this chapter, shall not reduce the number of employees of such employer for the purposes of determining the requirements of coverage of the employer under such law. 

[Acts 1919, ch. 123, § 3; Shan. Supp., § 3608a139; Code 1932, § 6853; Acts 1973, ch. 379, § 1; 1975, ch. 198, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-903.]

50-6-104. Election of corporate officer to be exempt from chapter.

(a)  Any officer of a corporation may elect to be exempt from the operation of the Workers' Compensation Law, compiled in this chapter. Any officer who elects such exemption and who, after electing such exemption then revokes that exemption, shall give notice to such effect in accordance with a form to be prescribed by the division. 

(b)  Notice given pursuant to subsection (a) shall be given thirty (30) days prior to any accident resulting in injury or death; provided, that if any injury or death occurs less than thirty (30) days after the date of employment, notice of such exemption or acceptance given at the time of employment shall be sufficient notice thereof. 

(c)  The notice of election not to accept the provisions of the Workers' Compensation Law, compiled in this chapter, shall be as follows: 

The employee shall give written or printed notice to the employer of the employee's election not to be bound by the provisions of the Workers' Compensation Law and file with the division, a duplicate, with proof of service on the employer attached thereto, together with an affidavit of the employee that the action of the employee in rejecting the provisions of such law was not advised, counseled or encouraged by the employer or by anyone acting for the employer. 

[Acts 1975, ch. 198, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-904.]

50-6-105. Relief associations or funds for benefit of employees, spouses and dependents unaffected.

Nothing in the Workers' Compensation Law, compiled in this chapter, shall be construed as amending or repealing any statute or municipal ordinance relating to associations or funds for the relief, pensioning, retirement or other benefit of any employees of such municipal employer, or of the surviving spouses, children or dependents of such employees, or as in any manner interfering with the same as now or hereafter established. 

[Acts 1919, ch. 123, § 5; Shan. Supp., § 3608a141; Code 1932, § 6855; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-905.]

50-6-106. Employments not covered.

The Workers' Compensation Law, compiled in this chapter, shall not apply to: 

(1) (A) Any common carrier doing an interstate business while engaged in interstate commerce, which common carrier and such interstate business are already regulated as to employer's liability or workers' compensation by act of congress, it being the purpose of this law to regulate all such business that the congress has not regulated in the exercise of its jurisdiction to regulate interstate commerce; provided, that this chapter shall apply to those employees of such common carriers with respect to whom a rule of liability is not provided by act of  congress; provided, further, that no common carrier by motor vehicle operating pursuant to a certificate of public convenience and necessity shall be deemed the "employer" of a leased-operator or owner-operator of a motor vehicle or vehicles under a contract to such a common carrier; 

(B) Notwithstanding the provisions of subdivision (1)(A), a leased operator or a leased owner/operator of a motor vehicle under contract to a common carrier may elect to be covered under any policy of workers' compensation insurance insuring the common carrier upon written agreement of the common carrier, by filing written notice of the contract, on a form prescribed by the commissioner of labor and workforce development, with the division; provided, that such election shall in no way terminate or affect the independent contractor status of the leased operator or leased owner/operator for any other purpose than to permit workers' compensation coverage. Such election of coverage may be terminated by the leased operator, leased owner/operator, or common carrier by providing written notice of such termination to the division and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of such notice to all other parties consenting to the prior election and to the division; 

(2) Any person whose employment at the time of injury is casual, that is, one who is not employed in the usual course of trade, business, profession or occupation of the employer; 

(3) Domestic servants and employers of domestic servants;   

(4) Farm or agricultural laborers and employers of those laborers; 

(5) In cases where fewer than five (5) persons are regularly employed, except as provided in § 50-6-113; provided, that in such cases the employer may accept the provisions of this chapter by filing written notice of the acceptance with the division at least thirty (30) days before the happening of any accident or death, and may at any time withdraw the acceptance by giving like notice of withdrawal; 

(6) The state of Tennessee, counties thereof and municipal corporations; provided, that the state, any county or municipal corporation may accept the provisions of this chapter by filing written notice of the acceptance with the division under the administrator, at least thirty (30) days before the happening of any accident or death, and may at any time withdraw the acceptance by giving like notice of the withdrawal. The state, any county or municipal corporation may accept the provisions of this chapter as to any department or division of the state, county or municipal corporation by filing written notice thereof with the division under the administrator, at least thirty (30) days before the happening of any accident or death and may, at any time, withdraw acceptance for the division or department by giving like notice of the withdrawal, and such acceptance by the state, county or municipal corporation for any department or division thereof shall have effect only of making the department or division designated subject to the terms of this chapter; or 

(7) Any person performing voluntary service as a ski patrolperson who receives no compensation for such services other than meals or lodging or the use of ski tow or ski lift facilities or any combination thereof. 

[Acts 1919, ch. 123, § 6; 1923, ch. 84, §§ 2, 5; Shan. Supp., § 3608a142; Code 1932, § 6856; Acts 1941, ch. 20, § 1; 1941, ch. 90, § 2; 1943, ch. 120, § 1; C. Supp. 1950, § 6856; Acts 1976, ch. 495, § 1; 1976, ch. 602, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-906; Acts 1988, ch. 525, § 1; 1997, ch. 330, § 2; 1999, ch. 520, § 41.]

50-6-107. Application to coal mine operators and employees.

All the provisions of the Workers' Compensation Law, compiled in this chapter, shall apply to coal mine operators and to their employees. 

[Code 1932, § 6857; Acts 1972, ch. 699, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-907.]

50-6-108. Right to compensation exclusive.

(a)  The rights and remedies granted to an employee subject to the Workers' Compensation Law, compiled in this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of such employee, such employee's personal representative, dependents or next of kin, at common law or otherwise, on account of such injury or death. 

(b)  This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify such third party. 

[Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1.]

50-6-109. Nonperformance of statutory duty not relieved.

Nothing in the Workers' Compensation Law, compiled in this chapter, shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. 

[Acts 1919, ch. 123, § 9; Shan. Supp., § 3608a158; Code 1932, § 6860; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-909.]

50-6-110. Injuries not covered - Drug and alcohol testing.

(a)  No compensation shall be allowed for an injury or death due to the employee's willful misconduct or intentional self-inflicted injury, due to intoxication or illegal drug useage, or willful failure or refusal to use a safety appliance or perform a duty required by law. 

(b)  If the employer defends on the ground that the injury arose in any or all of the ways stated in subsection (a), the burden of proof shall be on the employer to establish such defense. 

(c) (1)  In cases where the employer has implemented a drug-free workplace pursuant to chapter 9 of this title, if the injured employee has, at the time of the injury, a blood alcohol concentration level equal to or greater than eight hundredths of one percent (.08%) for non-safety sensitive positions, or four hundredths of one percent (.04%) for safety-sensitive positions, as determined by blood or breath testing, or if the injured employee has a positive confirmation of a drug as defined in § 50-9-103, then it is presumed that such drug or alcohol was the proximate cause of the injury. This presumption may be rebutted by a preponderance of the evidence that such drug or alcohol was not the proximate cause of injury. Percent by weight of alcohol in the blood must be based upon grams of alcohol per one hundred (100) milliliters of blood. If the results are positive, the testing facility must maintain the specimen for a minimum of three hundred sixty-five (365) days at minus twenty degrees celcius (-20ø C.). Blood serum may be used for testing purposes under this chapter; provided, however, that if this test is used, the presumptions under this section do not arise unless the blood alcohol level is proved to be medically and scientifically equivalent to or greater than the comparable blood alcohol level that would have been obtained if the test were based on percent by weight of alcohol in the blood. However, if, before the accident, the employer had actual knowledge of and acquiesced in the employee's presence at the workplace while under the influence of such alcohol or drug, the employer retains the burden of proof in asserting any defense under subsections (a) and (b), and this subsection (c) does not apply. 

(2) If the injured worker refuses to submit to a drug test, it shall be presumed, in the absence of a preponderance of the evidence to the contrary, that the proximate cause of the injury was the influence of drugs, as defined in § 50-9-103. 

(3) The commissioner of labor and workforce development shall provide, by rule, for the authorization and regulation of drug testing policies, procedures and methods. Testing of injured employees pursuant to a drug-free workplace program under chapter 9 of this title shall not commence until such rules are adopted. 

[Acts 1919, ch. 123, § 10; Shan. Supp., § 3608a159; Code 1932, § 6861; T.C.A. (orig. ed.), § 50-910; Acts 1994, ch. 765, § 1; 1996, ch. 944, § 49; 1999, ch. 520, § 41; 2005, ch. 390, § 1.]

50-6-111. Defenses not available to employer failing to secure payment of compensation.

No employer who fails to secure payment of compensation as required by the Workers' Compensation Law, compiled in this chapter, shall, in any suit brought against such employer by an employee covered by such law or by the dependent or dependents of such an employee, to recover damages for personal injury or death arising from an accident, be permitted to defend such suit upon any of the following grounds: 

(1) The employee was negligent; 

(2) The injury was caused by the negligence of a fellow servant or fellow employee; or 

(3) The employee had assumed the risk of the injury. 

[Acts 1919, ch. 123, § 11; Shan. Supp., § 3608a160; Code 1932, § 6862; Acts 1973, ch. 379, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-911.]

50-6-112. Actions against third persons.

(a)  When the injury or death for which compensation is payable under the Workers' Compensation Law, compiled in this chapter, was caused under circumstances creating a legal liability against some person other than the employer to pay damages, the injured worker, or such injured worker's dependents, shall have the right to take compensation under such law, and such injured worker, or those to whom such injured worker's right of action survives at law, may pursue such injured worker's or their remedy by proper action in a court of competent jurisdiction against such other person. 

(b)  In the event of a recovery from such other person by the worker, or those to whom such worker's right of action survives, by judgment, settlement or otherwise, the attorney representing such injured worker, or those to whom such injured worker's right of action survives, and effecting the recovery, shall be entitled to a reasonable fee for the attorney's services, and the attorney shall have a first lien therefor against the recovery; provided, that if the employer has engaged other counsel to represent the employer in effecting recovery against such other person, then a court of competent jurisdiction shall, upon application, apportion the reasonable fee between the attorney for the worker and the attorney for the employer, in proportion to the services rendered. 

(c) (1)  In the event of such recovery against such third person by the worker, or by those to whom such worker's right of action survives, by judgment, settlement or otherwise, and the employer's maximum liability for workers' compensation under this chapter has been fully or partially paid and discharged, the employer shall have a subrogation lien therefor against such recovery, and the employer may intervene in any action to protect and enforce such lien. 

(2) In the event the net recovery by the worker, or by those to whom such worker's right of action survives, exceeds the amount paid by the employer, and the employer has not, at the time, paid and discharged the employer's full maximum liability for workers' compensation under this chapter, the employer shall be entitled to a credit on the employer's future liability, as it accrues, to the extent the net recovery collected exceeds the amount paid by the employer. 

(3) In the event the worker, or those to whom such worker's right of action survives, effects a recovery, and collection of that recovery, from such other person, by judgment, settlement or otherwise, without intervention by the employer, the employer shall nevertheless be entitled to a credit on the employer's future liability for workers' compensation, as it accrues under this chapter, to the extent of the net recovery. 

(d) (1)  Such action against such other person by the injured worker, or those to whom such injured worker's right of action survives, must be instituted in all cases within one (1) year from the date of injury. 

(2) Failure on the part of the injured worker, or those to whom such injured worker's right of action survives, to bring such action within the one (1) year period shall operate as an assignment to the employer of any cause of action in tort that the worker, or those to whom such worker's right of action survives, may have against any other person for such injury or death, and such employer may enforce the cause of action in such employer's own name or in the name of the worker, or those to whom such worker's right of action survives, for such employer's benefit, as such employer's interest may appear, and the employer shall have six (6) months after such assignment within which to commence such suit. 

(3) If the cause of action described in subsection (a) arises in a jurisdiction other than Tennessee and such other jurisdiction has a statute of limitations for personal injury and wrongful death greater than the one (1) year statute of limitations provided in Tennessee, the court hearing the cause of action shall apply the statute of limitations that provides the injured worker, or those to whom such injured worker's right of action survives, the greatest amount of time in which to institute an action. 

(4) Under no circumstances shall the negligent party described in subsection (a) benefit from this subsection (d). 

[Acts 1919, ch. 123, § 14; Shan. Supp., § 3608a163; Code 1932, § 6865; Acts 1949, ch. 277, § 1; C. Supp. 1950, § 6865; Acts 1963, ch. 333, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-914; Acts 1985, ch. 393, § 2.]