Section 1120-06-.22 - DIVISION OF CLAIMS ADMINISTRATION LEAVEThe Division of Claims Administration is responsible for determining whether an employee is eligible for workers' compensation due to a job related injury or illness.
(1) Workers' Compensation Pay. An employee may not receive workers' compensation pay for any period that the employee used sick, annual, or compensatory leave.(2) Effect on Anniversary Dates. Time served on Division of Claims Administration leave shall not affect the employee's longevity, if eligible, salary or service anniversary date.(3) Assault Pay. Employees who are injured in the line of duty, as the result of an assault which disables them from performing their jobs, shall be allowed to remain on the regular payroll for a period not to exceed twenty-eight (28) calendar days subject to approval by the Commissioner. Such disability shall have occurred no later than twenty-eight (28) calendar days from the date of injury. If the same injury results in an employee being unable to perform his job for more than twenty-eight (28) calendar days and provided that a proper claim has been filed with the Division of Claims Administration within ten (10) calendar days of the date of injury, the employee may receive the difference between his regular salary and the weekly compensation rate awarded by the Division of Claims Administration for an additional sixty-two (62) calendar days. Thus, an employee who is disabled as a result of an assault may receive full pay through a combination of regular payroll and Division of Claims Administration compensation for a total of ninety (90) calendar days before being reduced to the usual lost time rate of the Division of Claims Administration or using accumulated sick, annual or compensatory leave.(4) Injured in the Line of Duty. A commissioned member of the Tennessee Department of Safety, a driver's license examiner, correctional officer or youth service officer who is injured in the line of duty, and whose injury disables him from performing his regular duties, whether such disability is temporary or permanent, shall be retained upon the regular payroll until the employee's claim for compensation for such disability is determined by the Division of Claims Administration. The Governor and the Attorney General shall approve the request of the AppointingTenn. Comp. R. & Regs. 1120-06-.22
(For history prior to January 2, 1988 see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Amendment filed August 25, 1994; effective December 29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 5, 2012. Amendments filed February 7, 2017; effective 5/8/2017.Authority.
Authority: T.C.A. §§ 8-50-111 and 68-102-402.