Tenn. Comp. R. & Regs. 0800-02-24-.05 - ASSESSMENT OF CIVIL PENALTY
(1) The
investigating employee may assess a civil penalty for each action of not less
than fifty dollars ($50) but no more than five thousand dollars ($5,000)
against the person or entity that is the subject of the referral for the
following acts:
(a) Failed to attend a
scheduled alternative dispute resolution proceeding;
(b) Arrived more than thirty minutes late to
any scheduled alternative dispute resolution proceeding without previously
notifying the mediator of their tardiness;
(c) Denied or stopped providing benefits for
a claim of temporary disability or medical benefits without first performing a
reasonable investigation of the claim;
(d) Provided medical providers on a Form C-42
that the party knew, should have known, or had good reason to believe, would
not provide treatment for the injured employee;
(e) Provided medical providers on a Form C-42
in an untimely manner;
(f) Failed
to comply with a request by an ombudsman or mediator for information or
documentation as required by the Tennessee Workers' Compensation Law or the
Bureau's rules;
(g) Failed to
timely provide documents as required by the Tennessee Workers' Compensation Law
or the Bureau's rules; or
(h)
Failed to provide a representative with authority to settle a case at
alternative dispute resolution proceeding.
(2) In addition to the assessment authority
provided in paragraph (1), the investigating employee shall assess a civil
penalty of not less than fifty dollars ($50) but no more than five thousand
dollars ($5,000) against the person or entity that has failed to comply with
any order of a workers' compensation judge in a timely manner or has performed
any of the actions enumerated in §
29-9-102 in relation to any
proceedings in the court of workers' compensation claims. In assessing a
penalty under this subsection, the investigating employee shall not be required
to determine that the person or entity acted in bad faith.
(3) The investigating employee shall send
written notice of the assessment to the assessed party in the manner provided
by rule 0800-02-21-.08.
(4) The person or entity against whom the
penalty has been assessed shall have fifteen (15) calendar days from the date
the penalty is assessed to challenge the assessment by requesting a contested
case hearing. If a contested case hearing is not timely requested, the penalty
shall become due and payable and shall not be subject to further
review.
(5) Failure to pay the
penalty within five (5) business days after it has become due and payable may
result in the assessment of additional civil penalties.
(6) In addition to these penalties, the
investigating employee may assess a civil penalty of up to five thousand
dollars ($5,000) for a violation of rule
0800-02-01-.06.
Notes
Authority: T.C.A. §§ 50-6-118 and 50-6-233.
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