reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-111 - Duties of employers of minors

Employers of minors subject to regulation under this part shall:
(1)
Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include:
(A)
An employment application;
(B)
A copy of the minor's birth certificate or other evidence of the minor's age as provided in §
50-5-109
;
(C)
An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to §
50-5-104
or §
50-5-105
; and
(D)
Any records required under §
50-5-107(8)-(14)
;
(2)
Allow the department to inspect, during regular working hours, any and all premises where minors are or could be employed and the contents of the individual file records specified in subdivision (1);
(3)
Post and maintain in a conspicuous place on the business premises a printed notice, furnished by the department, stating the regulations governing the employment and hours of work of minors and employment prohibited to minors under this part; and
(4)
Furnish to the department records relative to the employment of minors.
Acts 1976, ch. 480, § 15; 1978, ch. 541, § 8; T.C.A., § 50-715; Acts 1986, ch. 844, § 6; 1990, ch. 787, § 2; 2001, ch. 378, § 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-113 - Using children in pornography - Class C felony

Any person who violates §
50-5-106(20)
or who violates §
50-5-103
by employing a child in an occupation that would violate §
50-5-106(20)
if the child were over fourteen (14) years of age commits a Class C felony.
Acts 1977, ch. 227, § 3; T.C.A., § 50-717; Acts 1989, ch. 591, § 47.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-114 - Rules and regulations

The commissioner may issue, amend and rescind all rules, regulations and procedures necessary to effectuate the purpose of this part.
Acts 1978, ch. 541, § 9; T.C.A., § 50-718; Acts 1986, ch. 844, § 10.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 1 - CHILD LABOR ACT OF 1976 (§§ 50-5-101 — 50-5-115) › Section 50-5-115 - Breaks and meal periods for working minors

A minor must have a thirty-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. This break shall not be scheduled during or before the first hour of scheduled work activity.
Acts 1993, ch. 220, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-201 - Short title

This part shall be known and may be cited as the "Tennessee Protection of Minor Performers Act."
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-202 - Power to amend or repeal

The general assembly shall have power to amend or repeal all or part of this part at any time and all persons subject to this part shall be governed by the amendment or repeal.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Artistic or creative services" means, but is not limited to, services as an actor, actress, dancer, musician, comedian, vocalist, including demonstration recordings, stunt-person, voice-over artist, model, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer, or other performing artist; and
(2)
"Minor" means any person who has not attained eighteen (18) years of age and has not had the disability of minority removed so as to make this part inapplicable.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-204 - Construction

This part does not repeal or affect the rights or powers under title 29, chapter 31, regarding the removal of disability of minors, and all provisions of that chapter shall remain in force and effect and applicable to the appropriate circumstances addressed in that chapter.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-205 - Approval not exemption from other law - Disability of non-age not removed generally

Approval of a contract pursuant to this part shall not:
(1)
Exempt any person from any other law with respect to licenses, consents, or authorizations required for any conduct, employment, use, or exhibition of the minor in this state, nor limit in any manner the discretion of the licensing authority or other persons charged with the administration of the requirements, nor dispense with any other requirement of law relating to the minor;
(2)
Unless specifically so provided in the order, remove the disability of non-age for any other contract with the same minor that is not approved by the court pursuant to this section, nor, unless specifically so provided in the order, is the disability of non-age of the minor removed generally for the minor, nor is the minor emancipated for any other purpose or contract other than the performance of contracts approved pursuant to this section; and
(3)
Be granted for a contract that provides for an employment, use, or exhibition of the minor, within or without the state, that is prohibited by law and in particular by any federal or state minor labor law, and could not be licensed to take place in this state.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-206 - Applicability

The chapters of this title shall apply to every minor person who desires to perform artistic or creative services in the state, including minor persons who reside in the state and minor persons not residing in the state, as long as some or all of the services are to be provided or delivered in the state, or at least one (1) of the other parties are doing business in the state.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-207 - Disaffirmance of approved contract on ground of minority

If a contract is approved by the appropriate court pursuant to this part, then the minor may not, either during minority or after reaching majority, disaffirm the contract on the ground of minority, nor may the minor assert that the minor's parent or guardian lacked the authority to make the contract personally as an adult.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-208 - Who may apply for court order

Application for an order pursuant to this part may be made by the minor, or the minor's parent, or legal guardian, or guardian ad litem appointed pursuant to this part. For the purposes of any proceeding under this part, a parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor at the time of the proceeding shall be considered the minor's guardian ad litem for the proceeding, unless the court determines that appointment of a different individual as guardian ad litem is required in the best interests of the minor.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-209 - Approval for contract that is executed, in existence or being performed - Effective date - Earnings

(a)
Approval under this part may be sought for a contract or agreement that is fully executed, is already in existence or under which the parties are currently performing. Approval may be effective as of the date upon which the contract has been executed, or the date when services were first performed by the minor, if specifically so ordered by the court. The parties may petition the court for approval to be effective within one (1) year of the contract's ratification by the court. The parties may also petition the court for approval of a contract effective date more than one (1) year after the ratification of the contract by the court, if good cause for the delayed effective date is shown by the petitioners.
(b)
If a contract is approved pursuant to this part, all earnings, royalties, or other compensation earned or received by the minor pursuant to the approved contract shall become the sole property of the minor who will be authorized to execute any contracts relating to administration or investments of the earnings.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-210 - Where to file petition

Petition for contract approval under this part shall be filed with and, when granted, approved by the court handling probate matters for the county in which the minor resides, where the minor is employed or where the minor performs or renders the minor's services, or intends to do so; or the county in this state where performance of the contract shall be conducted, if the minor is not a resident of the state where the majority of the services are performed and the non-minor party to the contract is either a resident of this state or has been qualified or licensed to do business in the state.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-211 - Notice and hearing

After a petition is filed pursuant to §
50-5-208
, and following reasonable notice to all parties to the contract as is fixed by the court, the court will provide all parties to the contract with the opportunity to appear and be heard. The court may approve the contract following the hearing.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-212 - Effect of court approval - Revocation of approval

Court approval of a valid contract shall serve to bind the minor as if the minor executed the contract personally as an adult; and the minor shall be bound to all provisions including the permanent sale of intellectual property rights; provided, however, that the revocation of approval of the contract by the court shall not include the transfer back to the minor of intellectual property rights unless there has been a showing of fraud or misrepresentation by the employer; and, further, that the court approving the contract shall retain the authority to revoke approval of the contract, or modify its terms if assented to by both parties, if the court finds that the well being of the minor requires the disapproval.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-213 - Scope

Contracts eligible for approval under this part shall include contracts pursuant to which a minor person is employed, employs, or agrees to perform or render artistic or creative services, either directly or through a third party including, without limitation, a personal services corporation, manager, booking agent, or producer. For purposes of this part, when a minor renders services as an extra, background performer, or in a similar capacity, through an agency or service that provides one (1) or more performers for a fee, the agency or service shall be considered the minor's employer.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-214 - Effect of modifications, amendments, or assignments of contracts

(a)
Modifications, amendments, or assignments of contracts previously approved by the court are deemed a new contract and require separate approval under this part.
(b)
Notwithstanding subsection (a), this section does not require court approval if the employing company assigns its rights in the contract to a successor or affiliate entity.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-215 - Appointment of guardian ad litem - Court discretion - Criteria - Compensation

(a)
At any time after the filing of the petition, the court in its discretion may appoint a guardian ad litem to represent the interests of the minor or to oversee the minor's earnings related to the contract approved under this part. The court shall appoint a guardian ad litem as to any contract where the parent or guardian will receive remuneration or financial gain from the performance of the contract or if the court deems that the persons have any other conflict of interest with the minor. The court, in determining whether a guardian ad litem should be appointed, may consider the following criteria:
(1)
The length of time the exclusive services of the minor are required;
(2)
Whether the gross earnings of the minor under the contract are either contingent or unknown;
(3)
The amount of gross earnings of the minor under the contract; and
(4)
The age of the minor.
(b)
The guardian ad litem shall be entitled to reasonable compensation. The court shall have the power to determine which party shall be responsible for the fee, whether the fee and any required bond shall be paid from the earnings of the minor pursuant to the contract sought to be approved, or may apportion the fee between the parties to the proceedings.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-216 - Custody of minor - Contents of petition

(a)
A parent, guardian, or legal custodian entitled to the physical custody, care, and control of a minor who enters into a contract of a type described in this part shall provide a certified copy of the minor's birth certificate indicating the minor's minority to the other party or parties to the contract.
(b)
A guardian or a person with temporary legal custody must provide a certified copy of the court document appointing the person as the minor's legal guardian.
(c)
A complete copy of the contract or proposed contract shall be attached to the petition. The petition shall also include the following information:
(1)
The full name, residence, and date of birth of the minor;
(2)
The name and residence of any living parent of the minor, the name and residence of the person who has care and custody of the minor, and the name and residence of the person with whom the minor resides;
(3)
A statement that the minor is a resident of the state. If the minor is not a Tennessee resident, a statement that the petition is for approval of a contract for performance or rendering of services by the minor in the state, specifying the place in the state where the services are to be performed or rendered;
(4)
A brief description of the minor's employment and compensation under the contract, including where services of the minor are to be performed, accompanied by a plan for the protection of the minor's earnings under the contract;
(5)
The full name and residence of the petitioner, and the interest of the petitioner in the contract or proposed contract or in the minor's performance under the contract; and
(6)
Other facts known by the petitioner regarding the minor and the minor's family and property that will show that the contract is reasonable, prudent, and in the best interests of the minor. The information shall include whether the minor has had at any time a guardian ad litem appointed by a court of any jurisdiction and an explanation of the facts regarding the previous appointment. Information regarding whether relief similar to the current petition has been sought on behalf of the minor, including whether a guardian ad litem was appointed for the previous application for court approval.
(d)
Upon application by any party or by order of the court, the petition or any portion of the petition, including attachments, may be filed under seal.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-217 - Persons to be served with petition

The following persons, other than one who is the petitioner or who joins in the petition, shall be served with the petition by formal notice, as prescribed by Rule 4 of the Tennessee Rules of Civil Procedure:
(1)
The minor;
(2)
The minor's legal custodian or guardian ad litem, if any, whether or not appointed or qualified in this state;
(3)
Each party to the contract;
(4)
The parent or parents of the minor;
(5)
Any person having the care and custody of the minor;
(6)
The person with whom the minor resides, if other than a parent or guardian; and
(7)
If it appears that the minor is married, the minor's spouse.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-218 - Court's discretion for hearing in chambers or courtroom - Of record - Sealed

At the court's discretion, the hearing may be held in the court's chambers or courtroom. The proceeding shall be of record and may be sealed, if the court determines that sealing the record will be in the best interests of the minor.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-219 - Minor's personal appearance

The minor, unless excused by the court for good cause shown, shall attend personally before the court upon the hearing of the petition.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-220 - Options of the court

(a)
The court at the hearing or on an adjournment of the hearing, may by its order do any of the following:
(1)
Approve or disapprove the contract or proposed contract;
(2)
Approve the contract upon such conditions, with respect to modification of the terms of the contract or otherwise, as it shall determine;
(3)
Appoint a guardian ad litem as provided by §
50-5-215
;
(4)
Appoint a trustee to administer the trust for earnings as provided by §
50-5-222
; or
(5)
Award reasonable attorney's fees and other expenses paid or to be paid by or on behalf of the minor in connection with the proceeding, approval of the contract, and its performance.
(b)
The court shall consider the following factors in making its final determination:
(1)
The best interest of the minor;
(2)
Whether the minor is represented by a lawyer;
(3)
The length of the contract;
(4)
The age of the minor; and
(5)
Any other matter that the court deems appropriate.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-221 - Court's review of contract - Protection of earnings

(a)
The court shall ensure that any contract it approves contains all the requirements for the rendering of services of the minor and that the petition includes a plan for the protection of earnings under the contract.
(b)
The court shall consider the following when determining the protection of earnings:
(1)
The interest of the petitioner in the contract or proposed contract or in the minor's performance under the contract;
(2)
The parties who are entitled to the minor's earnings, and, if the minor is not so entitled, facts regarding the property and financial circumstances of the parent or parents, or legal custodian or guardian ad litem, or other third party;
(3)
A bank or trust account used expressly for the deposit of fees generated under the contract and the relationship of any proposed trustee of the minor's funds;
(4)
The percentage of fees generated that are intended for deposit; and
(5)
The minor's financial advisor or other third party who will render investment advice and administer the bank or trust account.
(c)
Notwithstanding any provision to the contrary, the creditors of any person, other than the minor, shall not be entitled to the earnings of the minor.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 5 - CHILD LABOR (§§ 50-5-101 — 50-5-222) › Part 2 - TENNESSEE PROTECTION OF MINOR PERFORMERS ACT (§§ 50-5-201 — 50-5-222) › Section 50-5-222 - Requirement that portion of earnings be set aside in trust

Notwithstanding any law to the contrary, in an order approving a minor's contract as described in this part, the court shall require that fifteen percent (15%) of the minor's gross earnings pursuant to the contract be set aside by the minor's employer in trust and shall be paid to the trustee appointed by the court so that it may be invested in an account or other savings plan, and preserved for the benefit of the minor until the minor reaches the age of majority. The court may also require that more than fifteen percent (15%) of the minor's gross earnings be set aside in trust, in an account or other savings plan, and preserved for the benefit of the minor, upon request of the minor's parent or legal guardian, or the minor, through the minor's guardian ad litem. Gross earnings for the purpose of this section refers to those funds earned and received by the minor pursuant to the terms of the contract and does not include those funds applied towards recoupment pursuant to the contract.
Acts 2003, ch. 168, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-101 - Short title - Controlling law

This chapter shall be cited to as the "Workers' Compensation Law" and shall be controlling for any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014. All claims having a date of injury prior to July 1, 2014, shall be governed by prior law.
Acts 1919, ch. 123, § 1; Shan. Supp., § 3608a137; Code 1932, § 6851; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-901; Acts 2013, ch. 289, § 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-103 - Scope of chapter

Every employer and employee subject to this chapter, shall, respectively, pay and accept compensation for personal injury or death by accident arising primarily out of and in the course and scope of employment without regard to fault as a cause of the injury or death; provided, that any person who has an exemption pursuant to §
50-6-104
or part 9 of this chapter shall not be bound if the employee has given, prior to any accident resulting in injury or death, notice to be exempted from this chapter as provided in this part.
Acts 1919, ch. 123, § 3; Shan. Supp., § 3608a139; Code 1932, § 6853; Acts 1973, ch. 379, § 1; 1975, ch. 198, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-903; Acts 2011, ch. 422, § 2; 2013, ch. 289, §§ 10, 11.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-104 - Election of corporate officer to be exempt from chapter

(a)
Any officer of a corporation may elect to be exempt from the operation of this chapter.
(b)
An officer who elects exemption from this chapter shall give written notice to the corporation of the officer's intent not to be covered by this chapter on a form prescribed by the bureau. Notice of the officer's election not to be bound by this chapter must include an affidavit of the officer that the action of the officer in rejecting this chapter was not advised, counseled, nor encouraged by the employer or by anyone acting on the employer's behalf. The election by any employee, who is a corporate officer of the employer, to be exempt from this chapter, does not reduce the number of employees of the employer for the purposes of determining the requirements of coverage of the employer under this chapter.
(c)
Every employee who is a corporate officer and who elects not to operate under this chapter, in any action to recover damages for personal injury or death by accident brought against an employer who has elected to operate under this chapter, shall proceed as at common law, and the employer may make use of all common law defenses.
(d)
Notification given pursuant to this section does not become effective until it is filed with the proper entity. Any officer who elects exemption and who, after electing exemption then revokes that exemption, shall give written notice of the revocation to the employer and its insurer at least thirty (30) days before the occurrence of any injury or death.
(e)
This section does not apply to any officer of a corporation, member of a limited liability company, partner, or sole proprietor who is engaged in the construction industry, as defined by §
50-6-901
; instead, part 9 of this chapter applies to such officer, member, partner, or sole proprietor.
Acts 1975, ch. 198, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-904; Acts 2010, ch. 1149, § 4; 2013, ch. 289, § 12; 2014, ch. 903, § 2; 2015, ch. 341, § 15; 2017, ch. 344, § 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-105 - Relief associations or funds for benefit of employees, spouses and dependents unaffected

Nothing in this chapter shall be construed as amending or repealing any statute or municipal ordinance relating to associations or funds for the relief, pensioning, retirement or other benefit of any employees of the municipal employer, or of the surviving spouses, children or dependents of the employees of the municipal employer, or as in any manner interfering with any statute or municipal ordinance as now or hereafter established.
Acts 1919, ch. 123, § 5; Shan. Supp., § 3608a141; Code 1932, § 6855; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-905.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-107 - Application to coal mine operators and employees

This chapter shall apply to coal mine operators and to their employees.
Code 1932, § 6857; Acts 1972, ch. 699, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-907.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-108 - Right to compensation exclusive

(a)
The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.
(b)
No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident:
(1)
The employee was negligent;
(2)
The injury was caused by the negligence of a fellow servant or fellow employee; or
(3)
The employee had assumed the risk of the injury.
(c)
This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party.
Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-109 - Nonperformance of statutory duty not relieved

Nothing in this chapter shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty.
Acts 1919, ch. 123, § 9; Shan. Supp., § 3608a158; Code 1932, § 6860; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-909.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-114 - Supremacy of chapter - Setoffs for payments by disability plan

(a)
No contract or agreement, written or implied, or rule, regulation or other device, shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter, except as provided in subsection (b).
(b)
Any employer may set off from temporary total, temporary partial, permanent partial and permanent total disability benefits any payment made to an employee under an employer funded disability plan for the same injury; provided, that the disability plan permits such an offset. The offset from a disability plan may not result in an employee's receiving less than the employee would otherwise receive under this chapter. In the event that a collective bargaining agreement is in effect, this subsection (b) shall be subject to the agreement of both parties.
Acts 1919, ch. 123, § 16; Shan. Supp., § 3608a165; Code 1932, § 6867; T.C.A. (orig. ed.), § 50-916; Acts 1996, ch. 919, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-116 - Construction of chapter

For any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014, this chapter shall not be remedially or liberally construed but shall be construed fairly, impartially, and in accordance with basic principles of statutory construction and this chapter shall not be construed in a manner favoring either the employee or the employer.
Acts 1919, ch. 123, § 47; Shan. Supp., § 3608a197; Code 1932, § 6901; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.) § 50-918; Acts 2013, ch. 289, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-117 - Reserved

Acts 1975, ch. 198, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-919; Acts 2010 , ch. 1149, § 6.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-119 - Information awareness program

(a)
In order to provide greater awareness among employers and employees of the rights and obligations of the workers' compensation laws, the bureau of workers' compensation shall institute an information awareness program. The program shall:
(1)
Involve a statewide effort to consult with employers on the actions required;
(2)
Provide that employers with frequent incidents of injuries be targeted for referral to appropriate agencies on accident prevention;
(3)
Provide education and information aimed at preventing disputes and delays in the processing of claims, through the use of speakers' seminars and conferences;
(4)
Provide a system to communicate developments in the law to interested groups;
(5)
Provide injured employees with complete information on their rights to compensation and day-to-day assistance with problems on their claims;
(6)
Develop general informational literature and audio-visual aids for both employees and employers; and
(7)
Provide a toll-free number for employers and employees to receive information from and ask questions of the department.
(b)
Any publications for distribution under this section must be published in accordance with the rules, regulations, policies and procedures of the state publications committee.
Acts 1985, ch. 393, § 19; 1990, ch. 1024, § 29; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-120 - Liability of construction design professionals

(a)
No construction design professional, or any employee of the construction design professional, who is retained to perform professional services on a construction project, shall be liable for the personal injury or death of any nonemployee of the construction design professional, working on the construction project, unless the construction design professional or any employee of the construction design professional is guilty of negligence that is a proximate cause of the injury or death of the nonemployee.
(b)
Nothing in this section shall be construed to affect the rights or responsibilities of any person under this chapter.
(c)
Rule 11 of the Tennessee Rules of Civil Procedure shall apply in all actions against construction design professionals.
Acts 1988, ch. 923, §§ 2-4.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-122 - Case management and utilization review - Use of HMOs and PPOs - Legislative intent - Claims by health care providers

(a)
(1)
It is the intent of the general assembly that quality medical care services shall be available to injured and disabled employees. It is also the legislative intent to control increasing medical costs in workers' compensation matters by establishing cost control mechanisms to ensure cost-effective delivery of medical care services by employing a program of medical case management and a program to review the utilization and quality of medical care services.
(2)
In order to assure that in workers' compensation cases quality medical care is rendered and to control medical care costs, an employer is authorized to use, but is not required to use, health maintenance organizations (HMOs) and preferred provider organizations (PPOs). An HMO or PPO may contract with medical care providers as permitted by law. The contracts are authorized to use, but are not limited to the use of, the following managed care methodologies:
(A)
Medical bill review;
(B)
Establishment of medical practice guidelines;
(C)
Case management, subject to §
50-6-123
;
(D)
Utilization review, subject to §
50-6-124
; and
(E)
Peer review programs.
(3)
Section
50-6-204(a)(3)
, relative to medical care, shall apply to any managed care methodology employed pursuant to this section. For the purposes of §
50-6-204(a)(3)
, physicians and surgeons in the same HMO or PPO are considered to be associated in practice together if they share a common employer for purposes of their clinical practice, or are associated together in a group practice.
(b)
A health care provider shall not pursue a private claim against a workers' compensation claimant for all or part of the costs of health care services provided to the claimant by the provider unless:
(1)
The injury is finally adjudicated not to be compensable under this chapter;
(2)
The physician or surgeon, as provided in §
50-6-204
, who was not authorized by the employer at the time the services were rendered, knew that the physician or surgeon was not an authorized physician or surgeon; or
(3)
The employee knew that the physician or surgeon was not an authorized physician or surgeon; provided, that subdivision (b)(2) and this subdivision (b)(3) do not apply to emergency care.
Acts 1992, ch. 900, § 6; 1996, ch. 944, §§ 8, 10; 2013, ch. 289, §§ 20, 21.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-126 - Medical director

The administrator shall appoint a medical director who shall be the executive secretary and a nonvoting ex officio member of the medical committee. The medical director shall be appointed from a list of three (3) nominees submitted by the Tennessee Medical Association. If the administrator finds the list of three (3) nominees to be unsatisfactory, then the administrator shall return the list to the Tennessee Medical Association and the association shall submit another list of nominees. This process shall be repeated, if necessary, until the administrator selects a nominee to be medical director. The medical director may be a part-time employee, a full-time employee or a contract employee, and shall perform the following functions for which the medical director shall be responsible to the administrator or medical care and cost containment committee, as appropriate:
(1)
Institute administrative procedures that will enable the medical director to evaluate medical care to effect optimal treatment in workers' compensation cases;
(2)
Inquire into instances where the medical treatment or the physical rehabilitation provided appears to be deficient or incomplete and recommend corrective action when indicated;
(3)
Advise on the disposition of complaints of a physician's failure to furnish adequate medical care as required by this law or by rules and regulations adopted by the administrator, the disposition of complaints concerning other aspects of the medical management of a workers' compensation case or the failure to render required reports, and the disposition of complaints of any affected party as to unreasonable interference with the medical management of a workers' compensation case;
(4)
Gather data and maintain records necessary to fulfill the medical director's responsibilities;
(5)
Conduct studies and prepare and issue reports on the medical aspect of workers' compensation cases;
(6)
Expedite the submission and processing of medical reports necessary to the processing of claims;
(7)
Advise health care providers of their rights and responsibilities under this chapter and under any rules or regulations promulgated pursuant to this chapter;
(8)
Advise the medical care and cost containment committee as to the reasonableness of fees for medical services in particular cases; and
(9)
Undertake other functions that may be delegated to the medical director by the administrator.
Acts 1992, ch. 900, § 10; 1999, ch. 520, § 41; 2013, ch. 282, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-127 - Public awareness program concerning workers' compensation fraud - Investigations and referrals

(a)
The administrator, in consultation with the commissioner of commerce and insurance and appropriate law enforcement officials, shall implement a public awareness program concerning workers' compensation fraud.
(b)
The bureau of workers' compensation shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced, and shall refer to an appropriate law enforcement agency any finding of fraud.
Acts 1992, ch. 900, § 21; 1996, ch. 944, § 12; 1999, ch. 520, § 41; 2000, ch. 852, § 14; 2003, ch. 355, § 16; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-130 - Reserved

Acts 1996, ch. 944, § 2; 1997 , ch. 533, § 1; 1999, ch. 520, § 4; 2001, ch. 192, § 1; 2007 , ch. 378, § 2, repealed by Acts 2011 , ch. 410, § 1 (c), effective 7/1/2011.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-131 - Confidentiality of medical records

Medical records provided to the bureau of workers' compensation in the course of its activities and the review of settlements pursuant to this chapter shall remain confidential and shall not be considered to be public records.
Acts 1996, ch. 944, § 25; 1999, ch. 520, § 41; 2013, ch. 289, § 25; 2015, ch. 341, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-132 - Report of employers who fail to provide coverage

No later than December 31 of each year, the bureau of workers' compensation shall produce a report that includes a listing of the name of each covered employer that failed, during the preceding state fiscal year, to provide workers' compensation coverage or qualify as a self-insured employer as required by law. Only those employers whose failure resulted in periods of noncoverage shall be included within the report. The report shall also include the penalty assessed by the bureau and the payment status of the penalty. The report shall be provided to the advisory council on workers' compensation and the chairs of the commerce and labor committee of the senate and the commerce committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 112, eff. 3/29/2021.
Amended by 2013 Tenn. Acts, ch. 289, s 26, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 30, eff. 4/19/2013.
Acts 1999, ch. 217, § 1; 2011 , ch. 410, § 10 (b).
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-133 - Reserved

Acts 2004, ch. 962, § 31.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 1 - GENERAL PROVISIONS (§§ 50-6-101 — 50-6-135) › Section 50-6-134 - Annual review

The bureau shall, on or before July 1, 2015, and annually thereafter, review the impact of the Workers' Compensation Reform Act of 2013 on the workers' compensation system in this state and deliver a report of its findings to each member of the general assembly.
Acts 2004, ch. 962, § 41; 2013, ch. 289, § 28; 2015, ch. 341, § 15.