§ 29-34-301. Short Title
This part shall be known and may be cited as the “Silica Claims Priorities Act.”
§ 29-34-302. Legislative Findings — Purpose
Silica is a naturally occurring mineral and is the second most common constituent of the earth’s crust. Silica-related disease, including silicosis, can occur when silica is inhaled. To be inhaled, silica particles must be sufficiently small to be respirable. Silicosis was recognized as an occupational disease many years ago. The American Foundry Society has distributed […]
§ 29-34-303. Part Definitions
As used in this part, unless the context otherwise requires: “AMA guides to the evaluation of permanent impairment” means the most recent version of the American Medical Association’s “Guidelines for Assessment of Permanent Medical Impairment” at the time of the performance of any examination or test required under this part; “Board-certified” means the medical doctor […]
§ 29-34-304. Prima Facie Showing of Impairment or Disease Required — Compliance With Standards in Determining Impairment — Exhumation Not Authorized
No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on a nonmalignant condition in the absence of a prima facie showing that, in the opinion of a competent medical authority, the exposed person has a physical impairment, and that the person’s exposure to silica or mixed […]
§ 29-34-305. Report of Supporting Evidence Making Out Prima Facie Case — Dismissal Without Prejudice on the Basis of Minimum Prima Facie — Move to Reinstate Case — Effect of Court’s Findings and Decision on Prima Facie Showing — Jury as Trier of Fact
The plaintiff in any civil action, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in § 29-34-304. Any defendant shall […]
§ 29-34-306. Limitations — Consolidation
Notwithstanding any other law, with respect to any silica claim or mixed dust disease claim that is not barred as of July 1, 2006, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment […]
§ 29-34-307. Claims Against Premises Owner — Presumptions
The following shall apply to all civil actions for silica or mixed dust disease claims brought against a premises owner to recover damages or other relief for exposure to silica or mixed dust on the premises owner’s property: A premises owner is not liable for any injury to any individual resulting from silica or mixed […]
§ 29-34-308. Claims Arising in Tennessee — Severance of Actions — Venue
No civil action alleging a silica claim or mixed dust disease claim may be filed in the courts of Tennessee after July 1, 2006, unless the plaintiff was a resident of Tennessee at the time the claim arose or the plaintiff’s claim arose in Tennessee. For purposes of this part, a claim arises in Tennessee […]
§ 29-34-309. Application
This part shall apply to all civil actions that allege a silica or mixed dust disease claim that are filed on or after July 1, 2006.