Tenn. Comp. R. & Regs. 0800-02-28-.02 - DEFINITIONS

The following definitions are for the purpose of this chapter only:

(1) "Administrator" means the chief administrative officer of the Bureau of Workers' Compensation, with full authority over the Vocational Recovery Assistance Program, or the Administrator's designee.

(2) "Applicant" means an injured worker who has submitted a request for vocational recovery assistance on the form prescribed by the Administrator.

(3) "Award Letter" means the Administrator's written notification of the conditioned award of monies from the Fund.

(4) "Bureau" means the Bureau of Workers' Compensation of the Department of Labor and Workforce Development.

(5) "Certificate" means a credential, other than a degree or diploma, the receipt of which indicates satisfactory completion of training in a program of study offered by an eligible educational institution.

(6) "Compensation Period" is the number of weeks after maximum medical improvement, calculated by multiplying the applicant's impairment rating by four hundred fifty (450) weeks.

(7) "Continuous Enrollment" means enrollment in consecutive fall and spring semesters from matriculation until certificate or degree completion.

(8) "Date of Final Payment" means the date of issuance of the payment of a resulting award as that term is defined in T.C.A. 50-6-207(3) [applicable to injuries occurring between July 1, 2018 and April 29, 2021] or the date of issuance of payment of permanent partial disability benefits permitted under T.C.A. 50-6-207(3)(A) [applicable to injuries occurring on or after April 30, 2021].

(9) "Degree" means a two-year associate's degree or four-year bachelor's degree conferred on students by an eligible educational institution.

(10) "Director of the Subsequent Injury and Vocational Recovery Fund" is a licensed Tennessee attorney appointed by the Administrator to oversee the defense of all workers' compensation claims made against the Fund and to provide administrative assistance to the Vocational Recovery Assistance Program.

(11) "Eligible Educational Institution" means any public postsecondary institution located in Tennessee and designated by T.C.A. § 50-6-208(j) or any business eligible to contract with the State of Tennessee to provide vocational training, vocational assessment, job analysis, employment training, or general educational development (GED) services.

(12) "Employment training" means any program, class, or course of study listed by the Tennessee Department of Labor and Workforce Development as an Eligible Training Provider and is a public institution located in Tennessee.

(13) "Financial Aid" means monetary assistance obtained through the Free Application for Federal Student Financial Aid (FAFSA) and may also include state and federal assistance obtained through Pell Grants, American Job Center Scholarships, Tennessee Promise Scholarships, the Tennessee Student Assistance Awards, Tennessee Connect Scholarships, and other assistance programs.

(14) "Fiscal Year" means the State of Tennessee fiscal year (July 1-June 30) or as otherwise noted by the Tennessee Department of Finance and Administration.

(15) "Form" or "Application" means the "Request for Vocational Recovery Assistance" form approved by the Administrator pursuant to T.C.A. § 50-6-208(j)(1)(B), which the applicant must submit to the Bureau to apply for monetary assistance from the Fund.

(16) "Free Application for Federal Student Aid" or "FAFSA" shall have the same meaning as set forth in T.C.A. § 49-4-902.

(17) "Fund" means the Subsequent Injury and Vocational Recovery Fund as defined in T.C.A. § 50-6-208(c), (d).

(18) "Fund Allocation Committee" means a group of three (3) or more individuals with knowledge of job opportunities in Tennessee and available to advise the Vocational Rehabilitation Assistance Program regarding the allocation of funds.

(19) "Immediate Family Member" means a spouse, parent, grandparent, child, or sibling.

(20) "Maximum Medical Improvement" shall have the same meaning as set forth in T.C.A. § 50-6207.

(21) "Program" means the staff within the Bureau responsible for administering T.C.A 50-6-208(j), otherwise known as the "Vocational Rehabilitation Assistance Program."

(22) "Recipient" means an applicant selected by the Administrator to receive vocational recovery assistance and on whose behalf the Program has submitted payment of vocational recovery assistance funds to an eligible educational institution.

(23) "Satisfactory Academic Progress" means progress in a course of study in accordance with the standards and practices used by the eligible educational institution at which the applicant is currently enrolled.

(24) "Semester" means the period as defined in T.C.A. § 49-4-902.

(25) "Tuition and Mandatory Fees" means fees required for the enrollment or attendance of all students at eligible educational institutions and shall include, but not be limited to, fees charged for classroom courses, TN eCampus courses, books, other online courses, tools, laboratory classes, or other supplies.

(26) "Vocational Recovery Assistance" shall have the same meaning as set forth in T.C.A. § 50-6-208(j)(2).

(27) "Vocational Testing" and "Vocational Assessment" means any standardized procedure(s) approved by the Administrator intended to establish the range, quality, or reliability of the applicant's occupational or employment abilities.

Notes

Tenn. Comp. R. & Regs. 0800-02-28-.02

Original rules filed September 4, 2018; effective December 3, 2018. Amendments filed December 13, 2021; effective 3/13/2022.

Authority: T.C.A. §§ 50-6-208 and 50-6-233.