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Tennessee has a new voluntary adjuster certification program, offering state specific workers’ compensation training. In addition to statutory laws, adjusters are trained on the administrative rules governing workers’ compensation set forth by the Tennessee Department of Labor and Workforce Development, Bureau of Workers’ Compensation. The rules, contained within Chapter 0800-02-01, et. seq., include claims handling guidelines, claims forms and claims resolution filing requirements, nurse case management rules, and other day-to-day requirements for administering claims.
With the commencement of the new adjuster program, employers and insurers should be reminded of the most common penalties associated with Tennessee claims as set forth below:
Workers' Compensation Penalty Overview
Violation Type
Responsible Party
Length of Time Allotted
Penalty Amount
Failure to acquire insurance
50-6-412
Employer
Must immediately procure upon becoming subject to workers’ comp law
Based on employer’s annual premium
Failure to file proof of WC (I-1 form)
0800-2-1-.05
Carrier
30 days of procurement or renewal
$100 for each 15 days past required date
Failure to timely file C-20
0800-2-1-.06
Carrier, Pool, or Self-Insured
14 calendar days
$25 for each 15 days
Failure to file C-22
0800-2-1-.07
Carrier, Pool, or Self-Insured
Immediately upon first payment
$10 for each 15 days past required date, up to $200
Failure to timely pay
50-6-205
Carrier, Pool, or Self-Insured
20 days from date of knowledge of compensable
25% of unpaid or untimely paid benefit
Failure to file C-23
0800-2-1-.07
0800-2-14-.04
Carrier, Pool, or Self-Insured
Immediately upon denial
$10 for each 15 days past required date
Failure to file C-26
0800-2-1-.08
50-6-205
Carrier, Pool, or Self-Insured
Immediately upon change or stop in benefits
$10 for each 15 days past required date
Failure to File C-28
0800-2-1-.10
Carrier, Pool, or Self-Insured
10 days from filing suit
$50
Failure to File C-29
0800-2-1-.12
Carrier, Pool, or Self-Insured
30 days following final payment of compensation
$50 for each 15 days past required date
Failure to attend BRC & with settlement authority
50-6-237
All Parties
On date of BRC
$50-$5,000
Excessive charges
50-6-125
Provider
---
$100
Intentionally put WC on private insurance
50-6-128
Employer
---
$500
Non-compliance with Order
50-6-238
(as to injuries prior to 7/1/14);
50-6-239 (as to injuries on or after 7/1/14)
Carrier, Pool, or Self-Insured
15 calendar days
Up to $10,000, + $1,000 per day
$50-$5000
Failure to file SD-2
50-6-244
Carrier, Pool, or Self-Insured
Date settlement or final order filed
$100
*https://www.tn.gov/workforce/injuries-at-work/bureau-services/bureau-services/penalty-program.html
