Tennessee § 50-6-128 - Penalty for employer causing compensable claim to be paid by health insurance or failing to provide necessary medical treatment.

§ 50-6-128. Penalty for employer causing compensable claim to be paid by health insurance or failing to provide necessary medical treatment.

If any employer knowingly, willfully, and intentionally causes a medical or wage loss claim to be paid under health or sickness and accident insurance, or fails to provide reasonable and necessary medical treatment, including a failure to reimburse when the employer knew that the claim arose out of a compensable work-related injury and should have been submitted under its workers' compensation insurance coverage, then a civil penalty of five hundred dollars ($500) shall be assessed against the employer, and the employer may not offset any sickness and accident income benefit paid to the employee against its temporary total disability benefit payment liability due to the employee pursuant to this chapter. The administrator of the bureau of workers' compensation has the authority to assess and collect the civil penalty. Acts 1992, ch. 900, § 24; 2000, ch. 734, § 1; 2013, ch. 282, § 1; 2015, ch. 341, § 15. Amendments. The 2013 amendment, effective July 1, 2014, substituted “administrator of the division of workers' compensation” for “commissioner of labor and workforce development” in the last sentence. The 2015 amendment substituted “bureau” for “division” in the last sentence. Effective Dates. Acts 2013, ch. 282, § 10. July 1, 2014. Acts 2015, ch. 341, § 19. May 4, 2015.