Tennessee § 50-6-106 - Employments not covered.

§ 50-6-106. Employments not covered.

This chapter shall not apply to: Any common carrier doing an interstate business while engaged in interstate commerce, which common carrier and the 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 the 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; Notwithstanding 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 administrator, with the bureau; provided, that the 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. The leased operator or leased owner/operator electing coverage as provided in this section shall establish the validity of and satisfy the terms and conditions of all contractual agreements between the parties prior to the payment of any claim for workers' compensation. The election of coverage may be terminated by the leased operator, leased owner/operator, or common carrier by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau; The venue of any dispute arising out of or connected with the validity of the contractual relationship or terms of the written agreement upon which the workers' compensation benefits are extended between the common carrier and a leased operator or leased owner/operator shall be the chancery court of the county where the contract was entered or the county of the principal place of business of the common carrier; Whenever the leased operator, the leased owner/operator or the carrier files a suit to resolve a contract dispute pursuant to subdivision (C), the statute of limitations for filing a petition for benefit determination with the bureau shall be tolled for ninety (90) days after final judgment has been entered in the suit including all appeals. In cases where a leased operator or leased owner/operator has filed a petition for benefit determination before the leased operator, leased owner/operator or the carrier has filed a suit pursuant to subdivision (C) to resolve a contract dispute, the petition for benefit determination shall be held in abeyance by the bureau until final judgment, including all appeals, has been entered in the suit filed pursuant to subdivision (C); 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; Domestic servants and employers of domestic servants; Farm or agricultural laborers and employers of those laborers. Employers of farm or agricultural laborers may accept this chapter by purchasing a workers' compensation insurance policy, and may at any time withdraw that acceptance by canceling or not renewing the policy and providing notice to the employees; Cases where fewer than five (5) persons are regularly employed, except as provided in § 50-6-902. In cases with fewer than five (5) regularly employed persons, the employer may accept this chapter by purchasing a workers' compensation insurance policy, and may at any time withdraw that acceptance by canceling or not renewing the policy and providing notice to the employees; The state, counties of the state and municipal corporations; provided, that the state, any county or municipal corporation may accept this chapter by filing written notice of the acceptance with the bureau 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 this chapter as to any department or division of the state, county or municipal corporation by filing written notice of acceptance with the bureau 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 the acceptance by the state, county or municipal corporation for any department or division of the state, county or municipal corporation shall have effect only of making the department or division designated subject to the terms of this chapter; or Any person performing voluntary service as a ski patrolperson who receives no compensation for the services other than meals, lodging or the use of ski tow or ski lift facilities or any combination of meals, lodging and the use of ski tow or ski lift facilities. 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; 2010, ch. 1149, § 15; 2013, ch. 282, § 1; 2014, ch. 633, §§ 1, 2; 2015, ch. 341, § 15; 2017, ch. 344, § 4; 2018, ch. 629, § 1. Compiler's Notes. Acts 2010, ch. 1149, § 17 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Acts 2010, ch. 1149, § 19, provided in part that: The secretary of state is authorized to promulgate rules and regulations to effectuate the purposes of the act, which amended (5). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that the secretary of state shall permit: Construction services providers not currently licensed by the board for licensing contractors, but who qualify for a construction services provider registration, to apply for a workers' compensation exemption on or after January 1, 2011; and Construction services providers licensed by the board for licensing contractors to apply for a workers' compensation exemption on or after February 1, 2011. Acts 2014, ch. 633, § 3 provided that the act, which amended subdivision (1)(B) and added subdivisions (1)(C) and (D), shall apply to injuries occurring on or after July 1, 2014. Amendments. The 2013 amendment, effective July 1 2014, substituted “administrator” for “commissioner” in (1)(B). The 2014 amendment, in (1), added the second sentence in (B) and added (C) and (D). The 2015 amendment substituted “bureau” for “division” throughout, when in reference to the Bureau of Workers' Compensation. The 2017 amendment, in the first sentence, substituted “Cases” for “In cases” at the beginning and deleted the proviso at the end which read: “provided, that in those cases.”, and, in the second sentence, added “In cases with fewer than five (5) regularly employed persons,” to the beginning, substituted “purchasing a workers' compensation insurance policy,” for “ filing written notice of the acceptance with the bureau at least thirty (30) days before the happening of any accident or death” in the middle and substituted “canceling or not renewing the policy and providing notice to the employees” for “giving like notice of withdrawal” at the end. The 2018 amendment added the last sentence in (4). Effective Dates. Acts 2013, ch. 282, § 10. July 1, 2014. Acts 2014, ch. 633, § 3. July 1, 2014. Acts 2015, ch. 341, § 19. May 4, 2015. Acts 2017, ch. 344, § 12. May 9, 2017. Acts 2018, ch. 629, § 2. April 2, 2018.