Section 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.Tenn. Comp. R. & Regs. 0800-02-24-.05
Original rule filed December 22, 2014; effective March 22, 2015. Amendments filed December 19, 2022; effective 3/19/2023.Authority: T.C.A. §§ 50-6-118 and 50-6-233.