Tennessee § 50-6-118 - Penalties.

§ 50-6-118. Penalties.

The bureau of workers' compensation shall, by rule promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establish and collect penalties for the following: Failure of a covered employer to provide workers' compensation coverage or qualify as a self-insurer; Late filing of accident reports; Acts 1985, ch. 393, § 18; 1999, ch. 520, § 41; 2000, ch. 972, § 3; 2001, ch. 192, § 8; 2004, ch. 962, § 8; 2005, ch. 390, § 2; 2013, ch. 289, §§ 17, 18; 2014, ch. 903, § 3; 2015, ch. 341, § 15; 2016, ch. 826, § 2. Compiler's Notes. Acts 2004, ch. 962, § 42 provided that: The general assembly recognizes that significant cost savings will result from the implementation of this bill. It is in the best interest of the citizens of Tennessee that the cost savings be passed to the entities that have paid faithfully workers' compensation premiums in order to ensure the economic well-being of their employees. It is the intent and purpose of the general assembly that workers' compensation premiums be adjusted downward within fifteen (15) months of July 1, 2004, to reflect the cost savings resulting from the provisions of the act. If a workers' compensation policy is subject to renewal during the fifteen (15) month period, adjustments to the policy may be made at that time. It is the intent of the general assembly that the savings of the act shall routinely be reflected in future filings through the advisory prospective loss cost filing system, pursuant to §§ 56-5-106(b) and 50-6-402. Nothing in this section shall be construed as amending or affecting the procedures for filing and approval of rates set forth in title 56, chapter 5. Acts 2013, ch. 289, § 103 provided that the act, which amended this section, shall be known and may be cited as the “Workers' Compensation Reform Act of 2013.” Acts 2016, ch. 826, § 3 provided that the act, which amended this section, shall apply to all claims submitted to a medical provider on or after July 1, 2016. Amendments. The 2013 amendment, effective July 1, 2014, in (a), deleted (5)-(7) which read: “(5) Late filing of notice of change in benefit payments;“(6) Late filing with the department of notice of filing of lawsuits by employees or employee representatives; and“(7) Late filing of judgments by insurance companies or by employers, if self-insured.”, added (8)-(15); rewrote (c) which read: “(c) The commissioner, commissioner’s designee, or an agency member appointed by the commissioner, may assess the penalties authorized by this chapter, upon providing notice and an opportunity for a hearing to an employer, an employee, an insurer, or a self-insured pool or trust. If a hearing is requested, the commissioner, commissioner’s designee, or an agency member appointed by the commissioner shall have the authority to hear the matter as a contested case, and the authority to hear the administrative appeal of an agency decision, relating to the assessment of the penalties authorized by this chapter. When a hearing or review of an agency decision is requested, the requesting party shall have the burden of proving, by a preponderance of the evidence, that the penalized party was either not subject to this chapter, or that the penalties assessed pursuant to this chapter should not have been assessed.”; and added (d). The 2014 amendment, in (b), substituted “division” for “department” in the first sentence, and rewrote the second sentence which read: “All other penalties collected by the department shall be paid into and become a part of the second injury fund.” The 2015 amendment substituted “bureau” for “division” throughout. The 2016 amendment added (a)(16). Effective Dates. Acts 2013, ch. 289, § 106. July 1, 2014; provided, that, for purposes of promulgating rules and regulations, making appointments and making necessary provisions for the implementation of the act, the act shall take effect April 29, 2013. Acts 2014, ch. 903, § 14. July 1, 2014. Acts 2015, ch. 341, § 19. May 4, 2015. Acts 2016, ch. 826, § 3. July 1, 2016.