reglab/statecodes huggingface dataset:
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-404 - Bond or certificate

(a)
(1)
Every insurance company doing a workers' compensation business in this state shall furnish a bond running to the state in the sum of fifty thousand dollars ($50,000) with some surety company authorized to transact business in this state as surety, in the form approved by the commissioner of commerce and insurance, conditioned for the payment of compensation losses on policies issued by the company upon risks located in the state.
(2)
Suit may be brought upon the bond by the bureau of workers' compensation for the use and benefit of any party or parties at interest.
(3)
The annual license of the company shall not be issued or renewed until it has filed with the commissioner of commerce and insurance a bond as required in subdivision (a)(1).
(4)
In lieu of the bond, a deposit of the same amount may be made with the state treasurer in the form of other security satisfactory to the commissioner of commerce and insurance.
(b)
The commissioner may, in the commissioner's discretion, accept, in lieu of the bond required in subdivision (a)(1), a certificate from the commissioner of insurance or other corresponding official of the state in which the insurance company is organized and domiciled, that the company has on deposit in such state the sum of not less than one hundred thousand dollars ($100,000) in cash, or its equivalent, which deposit is for the protection of all of its policyholders, ratably.
Acts 1933, ch. 158, § 1; C. Supp. 1950, § 6894; impl. am. Acts 1971, ch. 137, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1204.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-406 - Evidence of compliance to be filed - Penalty for failing to comply - Liability to employee in damages - Defenses

(a)
Every employer, or the employer's insurance carrier unless the employer is self-insured, subject to this chapter, shall file evidence of its compliance with §
50-6-405
with the bureau of workers' compensation on a form prescribed by the administrator, within thirty (30) days after procurement or renewal of suitable workers' compensation insurance or qualification as a self-insurer.
(b)
If an employer fails to comply with §
50-6-405
, then during the continuance of the failure, the employer shall be liable to an injured employee either for compensation as provided in this chapter to be recovered in an action brought in a court of competent jurisdiction for that purpose, or for damages to be recovered as if this chapter had not been enacted, as the employee may elect; and in the case suit for damages is brought instead of a suit to recover compensation under this chapter, the employer, when sued, shall not be allowed to set up as a defense to the action that the employee was negligent, or that the injury was caused by negligence of a fellow servant or fellow employee, or that the employee had assumed the risk of the injury.
(c)
Claim of compensation made under this chapter shall be deemed a waiver of the right to sue for damages, and the institution and prosecution to final judgment of a suit for damages shall be deemed a waiver of a right to claim compensation under this chapter.
Acts 1919, ch. 123, § 42; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a192; mod. Code 1932, § 6896; Acts 1973, ch. 379, § 12; 1978, ch. 759, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1206; Acts 1989, ch. 591, § 113; 1999, ch. 520, § 41; 2000, ch. 852, § 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-407 - Certificate of compliance with insurance provisions

Every individual, firm, association, or corporation using the services of one (1) or more persons for pay shall post and maintain in a conspicuous place on the business premises a printed notice regarding workers' compensation as prescribed by the administrator of the bureau of workers' compensation. The notice shall include, at a minimum, a general description of the duties and obligations of both the employer and the employee under the law; the name, address and telephone number of the individual to notify in the event of a work-related injury; a toll-free number and address for the department of labor and workforce development at which employers or employees may obtain additional information; and the name, address and telephone number of a representative of the employer who can confirm whether the individual, firm, association, or corporation is subject to this chapter; and other information required through rules promulgated by the administrator of the bureau of workers' compensation.
Acts 1919, ch. 123, § 43; Shan. Supp., § 3608a193; Code 1932, § 6897; Acts 1978, ch. 759, § 3; T.C.A. (orig. ed.), § 50-1207; Acts 1990, ch. 795, §§ 1-3; 1999, ch. 520, § 41; 2002, ch. 695, § 7; 2003, ch. 359, § 10; 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-408 - Mandatory policy provisions

All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance, must contain a clause to the effect that:
(1)
As between the employer and the insurer or insurers, the notice of or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers;
(2)
Jurisdiction of the insured for the purpose of this chapter shall be jurisdiction of the insurer or insurers; and
(3)
The insurer or insurers shall in all things be bound by and subject to the awards, orders, judgments or decrees rendered against the insured employer, whether a formal party to the proceedings or not.
Acts 1919, ch. 123, § 44; Shan. Supp., § 3608a194; Code 1932, § 6898; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1208.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-409 - Policy provision concerning agreement to pay benefits

(a)
No policy of insurance against liability arising under this chapter, shall be issued unless it contains an express agreement of the insurer that it will promptly pay to the person entitled to them all benefits conferred by this chapter and all installments of the compensation that may be awarded or agreed upon, and that this obligation shall not be affected by any default of the insured for the injury or by any default in the giving of any notice required by the policy or otherwise.
(b)
The agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation under this chapter, and may be enforced directly by that person in that person's name, and the failure, if any, of the insured to comply with any provisions of the policy regarding notice of injury, and such matters shall not be a defense in a suit on the policy by the insured employee or the insured employee's dependents or representatives, unless it can be shown that the insured employee or the insured employee's representatives or dependents aided and abetted in seeking to mislead or defraud the insurer.
Acts 1919, ch. 123, § 45; Shan. Supp., § 3608a195; Code 1932, § 6899; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1209.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-410 - Violations of Section 50-6-405

The grand jury of every county in the state is given inquisitorial power over all violations of §
50-6-405
relating to employers insuring their compensation liability under this chapter, and is required to inquire into all such violations and to present them to the court by indictment or presentment.
Acts 1933, ch. 71, §§ 1, 2; mod. C. Supp. 1950, §§ 11583.1, 11583.2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), §§ 50-1210, 50-1211; Acts 1989, ch. 591, § 113; 2000, ch. 852, §§ 12, 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-413 - Collection of penalties by civil action - Distress warrants

(a)
In addition to other remedies provided in this chapter:
(1)
If after due notice, an employer defaults in payment of penalties, then the amount due may be collected by civil action in the name of the administrator, and the employer adjudged in default shall pay the costs of the action; and
(2)
The administrator or the administrator's designee is authorized to issue a distress warrant against the delinquent employer for the amount of the penalties that may be due and unpaid as of the date of the issuance.
(b)
The distress warrant is returnable within thirty (30) days from its date and has the same effect as other distress warrants authorized by law for the collection of delinquent taxes or revenue owed to the state or an agency of the state.
(c)
Distress warrants issued under the authority of this chapter for the collection of penalties, arising out of this chapter may, in the discretion of the administrator, be addressed to and delivered to an employee or representative of the bureau for the purpose of execution, and the employee or representative has the same power and authority as a sheriff for the purpose of levying and executing the distress warrant. All costs must be included in the total amount to be collected from the penalized party.
Acts 2021 , ch. 189, § 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-414 - Experience modification factors - Notification of employers - Failure to give timely notification

(a)
Any employer who is assigned an experience modification factor for the purpose of determining its workers' compensation premium shall be sent annually, at no charge to the employer, a copy of any information relative to its experience modification factor that is available to an insurance company.
(b)
If the experience modification factor notification is not received by the employer prior to the policy renewal date, or the policy anniversary date if different, the experience modification factor shall not be used for premium purposes if its use results in a higher premium for the employer. The mailing of the experience modification factor worksheet shall be sufficient proof of notice, provided the mailing is by certified mail, return receipt requested.
Acts 1993, ch. 370, § 1; 2000, ch. 852, § 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-415 - Data collection - Reporting data

(a)
(1)
The administrator of the bureau of workers' compensation has the same authority as the commissioner of commerce and insurance to request and obtain relevant information on workers' compensation claims. All workers' compensation insurers or their designated agents, self insurers and the department of commerce and insurance shall report claims information and other relevant workers' compensation data necessary to determine and analyze costs of the system to the administrator of the bureau of workers' compensation or to the agents as the administrator may designate. The administrator may promulgate all reasonable rules and regulations necessary to implement this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2)
In promulgating rules concerning data collection, the administrator of the bureau of workers' compensation shall include appropriate elements of the Detailed Claim Information Reporting Model Regulation for Workers' Compensation Insurance issued by the National Association of Insurance Commissioners, and other information the administrator deems necessary. The administrator shall also consult with the advisory council on workers' compensation in defining the information needed to permit management of the system. The administrator shall also report to the commerce and labor committee of the senate and the commerce committee of the house of representatives at the request of the chairs of the committees.
(b)
The bureau of workers' compensation shall gather, and has the duty to analyze and report, information relevant to the functioning of the workers' compensation system to the advisory council on workers' compensation, the general assembly and the governor. The bureau shall respond to information requests concerning workers' compensation issues from the advisory council on workers' compensation, the general assembly and the governor.
(c)
The administrator of the workers' compensation bureau shall enforce requests pursuant to this section in the same manner and with the same authority as the commissioner of commerce and insurance possesses with respect to violations of this part and title 56. The administrator shall also notify the principal corporate office of any insurer of any refusal to comply with such requests. The administrator's enforcement authority under this subsection (c) applies only to the administrator's efforts to obtain relevant data as provided in subsections (a) and (b).
Acts 1996, ch. 944, § 24; 1998, ch. 1024, § 4; 1999, ch. 520, § 41; 2011, ch. 410, § 10(e); 2013, ch. 236, § 31; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2021, ch. 64, § 115.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-417 - Dispute of experience modification factor

In cases where an employer disputes an experience modification factor assigned to the employer, the insurer shall notify the employer of the employer's right to submit a request for review and to appeal to the commissioner of commerce and insurance pursuant to §
56-5-109(b)
.
Acts 1996, ch. 944, § 27.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-418 - Rating plans based on drug-free workplace program participation

(a)
(1)
The department of commerce and insurance shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the bureau of workers' compensation of the department of labor and workforce development. The plans must take effect January 1, 1997, must be actuarially sound, and must state the savings anticipated to result from the drug testing. The credit shall be at least five percent (5%) unless the commissioner of commerce and insurance determines that five percent (5%) is actuarially unsound.
(2)
The commissioner is also authorized to develop a schedule of premium credits for workers' compensation insurance for employers who have safety programs that attain certain criteria for safety programs. The commissioner shall consult with the administrator of the bureau of workers' compensation in setting the criteria.
(b)
The department of commerce and insurance shall apply the drug-free workplace program credit separately to each individual company for an employer having more than one (1) company under one (1) workers' compensation insurance policy. However, no credit given to an individual company may be combined with any credit given to any other company of the common employer or to the common employer itself.
Acts 1996, ch. 944, § 51; 1999, ch. 520, § 41; 2005, ch. 390, § 14; 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-419 - Rules governing settlement of workers' compensation claims

(a)
Notwithstanding any other provision of this part or of title 56 to the contrary, in order to assure that injured employees are treated fairly and to assure that claims are handled in an appropriate and uniform manner, the administrator of the bureau of workers' compensation shall set standards by rule governing the adjustment and settlement of workers' compensation claims by insurance carriers, self-insured employers, and any entity acting on behalf of an insurance carrier or self-insured employer in the resolution of claims brought pursuant to this title. The standards may include, but are not limited to, standards governing contact with an employee after notice of injury has been given, the processing of claims and procedures for making an offer of settlement.
(b)
The administrator shall promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
(1)
The administrator may enforce the standards described in this section, and any rules promulgated pursuant to this section, through assessment of civil penalties pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, against any entity employing individuals who adjust workers' compensation claims under this title. Such penalties may be in an amount not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation. Each separate act shall constitute a separate violation and may subject the entity to assessment of additional civil penalties.
(2)
The administrator may also notify:
(A)
The department of commerce and insurance of any penalties assessed by the bureau pursuant to this section; and
(B)
The principal corporate office of any insurer of any violations of the standards or rules described in this section.
Acts 1996, ch. 944, § 53; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2016, ch. 803, §§ 2, 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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-420 - Legislative intent

It is the intent of the general assembly that upon the filing of a claim pursuant to this chapter, the insurer is encouraged to provide semi-annual reports to the employer, at no cost to the employer, regarding the status of the claim.
Acts 2004, ch. 962, § 44.
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 4 - INSURANCE (§§ 50-6-401 — 50-6-421) › Section 50-6-421 - Requesting and obtaining information on employer workers' compensation insurance policies to ensure compliance with law - Confidentiality - What constitutes public record

(a)
The administrator of the bureau of workers' compensation may request and obtain information regarding employer workers' compensation insurance policies in order to ensure compliance with the law. Except as otherwise provided in subsection (b), any information relating to workers' compensation insurance policies obtained by the administrator pursuant to this subsection (a) shall be deemed confidential and shall not constitute a public record, as defined in §
10-7-503
; provided, such information may be used by any state agency, or vendor designated by the state, for the purpose of ensuring compliance with the law.
(b)
The following information obtained by the administrator pursuant to subsection (a) shall constitute a public record, as defined in §
10-7-503
, and shall be open for personal inspection by any citizen of this state:
(1)
Employer name and business address;
(2)
Workers' compensation insurance carrier name and business address; and
(3)
Workers' compensation insurance policy number, policy effective date, policy expiration date, policy cancellation date, and policy reinstatement date.
Acts 2013 , ch. 50, § 1; 2013 , ch. 282, § 1; 2015 , ch. 341, § 15; 2015 , ch. 345, § 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 5 - SAFE EMPLOYMENT PRACTICES (§§ 50-6-501 — 50-6-503) › Section 50-6-501 - Establishment of safety committees - Reporting by insurance companies - Civil penalty

(a)
In order to promote health and safety in places of employment in this state, every public or private employer that is subject to this chapter, shall establish and administer a safety committee in accordance with rules adopted pursuant to §
50-6-502
, if the administrator of the workers' compensation bureau finds that the employer has an experience modification factor or rate applied to the premium greater than or equal to one and twenty hundredths (1.20).
(b)
In making determinations under subsection (a), the administrator of the workers' compensation bureau shall utilize the most recent statistics regarding experience modification rates.
(c)
(1)
Every insurance company authorized to write workers' compensation insurance shall submit its modification factors or rates for each of its workers' compensation insureds to the commissioner of commerce and insurance, when requested by the commissioner. On request from the administrator of the workers' compensation bureau, the commissioner of commerce and insurance shall provide the bureau of workers' compensation with the information.
(2)
The administrator of the workers' compensation bureau shall establish safety committee requirements for self-insured employers pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3)
The commissioner of commerce and insurance may assess a civil penalty of up to two thousand dollars ($2,000) per incident for failure to comply with subdivision (c)(1).
Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 2005, ch. 390, § 13; 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 5 - SAFE EMPLOYMENT PRACTICES (§§ 50-6-501 — 50-6-503) › Section 50-6-502 - Rules governing committees - Duties of committees - Training - Operation under collective bargaining agreement

(a)
In carrying out §
50-6-501
, the administrator of the workers' compensation bureau shall promulgate rules that include, but are not limited to, provisions:
(1)
Prescribing the membership of the committees to ensure equal numbers of hourly employees and employer representatives as well as specifying the frequency of meetings;
(2)
Requiring employers to make adequate written records of each meeting and to maintain the records subject to inspection by Tennessee occupational safety and health administration representatives; and
(3)
Requiring employers to compensate employee representatives on safety committees at the regular hourly wage while the employees are engaged in safety committee training or are attending safety committee meetings.
(b)
The duties and functions of the safety committee shall include, but are not limited to:
(1)
Assisting in establishing procedures for workplace safety inspections by the committee;
(2)
Assisting in establishing procedures for investigating all safety incidents, accidents, illnesses and deaths; and
(3)
Assisting in evaluating accident and illness prevention programs.
(c)
The employer shall provide training for safety committee members in their duties and responsibilities provided in subsection (b).
(d)
An employer operating under a collective bargaining agreement that contains provisions regulating the formation and operation of a safety committee that meets or exceeds the minimum requirements of this section and §
50-6-501
may apply to the administrator of the workers' compensation bureau for a determination that the employer meets the requirements of this section and §
50-6-501
.
Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 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 5 - SAFE EMPLOYMENT PRACTICES (§§ 50-6-501 — 50-6-503) › Section 50-6-503 - Civil liability of labor organization

When an employee incurs an injury compensable under this chapter, the discussion or furnishing, or failure to discuss or furnish, or failure to enforce any safety or health provision, shall not subject a labor organization representing the injured employee to any civil liability for the injury.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-601 - Short title - Establishment of competitive state workers' compensation insurance fund

(a)
This part shall be known and may be cited as the "Workers' Compensation Insurance Fund Act of 1992."
(b)
(1)
There shall be established a competitive state workers' compensation insurance fund to insure employers under this chapter.
(2)
This fund shall operate as a nonprofit insurance company and is subject to all requirements of law and regulation as any other insurer offering workers' compensation insurance in Tennessee pursuant to title 56 and this chapter.
(3)
This fund shall act in addition to, and not as a substitute for, an assigned risk pool.
(4)
The fund shall be required to maintain an adequate rate and any assessment for accumulated liabilities shall be made only against those insured within the state workers' compensation insurance fund. No assessments shall be made against or for the Tennessee Guaranty Association, as described in title 56, chapter 12, and no assessment shall be made against a private insurer or any entity authorized under §
50-6-405(c)
, not participating in the state workers' compensation insurance fund. The policies written by the fund shall be assessable against the policyholders.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 2.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-602 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the board of directors of the competitive state compensation insurance fund;
(2)
"Fund" means the competitive state compensation insurance fund; and
(3)
"Personal injury" or "injury" has the meaning given to it in §
50-6-102
.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-603 - Purpose and organization of fund

The fund shall be created as a nonprofit independent public corporation for the purpose of insuring employers against liability for personal injuries for which their employees may be entitled to benefits under this part. The fund shall be organized as a domestic insurance company.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-604 - Board of directors - Members

(a)
In the event the commissioner of commerce and insurance elects to make the fund operational pursuant to §
56-5-114
, the existing board of directors shall terminate and a new board shall be appointed within sixty (60) days of the election.
(b)
The board of directors shall initially consist of seven (7) members who are knowledgeable concerning the workers' compensation system. The state treasurer shall be an ex officio member. Initially, the speakers of the senate and the house of representatives and the governor shall each appoint one (1) member for a two-year term and one (1) member for a three-year term. Each director shall hold office until a successor is appointed and qualifies. The board shall annually elect a chair from among its members and other officers it deems necessary for the performance of its duties.
(c)
(1)
Once the fund is operational and the commissioner of commerce and insurance certifies it as a fund able to effectively operate under this part and title 56, then on the next scheduled expiration of board members' terms:
(A)
The members shall be elected by policyholders; and
(B)
The state treasurer shall, on expiration of the treasurer's term, cease to be a member of the board.
(2)
The successor board shall consist of seven (7) members selected by policyholders for three-year terms.
Acts 1992, ch. 900, § 26; 1996, ch. 944, § 28.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-605 - Management of fund

The management and control of the fund is vested solely in the board.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-606 - Powers of board

(a)
(1)
The board is vested with full power, authority, and jurisdiction over the fund.
(2)
The board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the fund, either in the administration of the fund or in connection with the insurance business to be carried on by it under this part, as fully and completely as the governing body of a private insurance carrier to fulfill the objectives and intent of this part.
(b)
The board may invest assets as permitted by §
56-3-402
.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-608 - Nonliability of board members, officers or employees

The members of the board and officers or employees of the fund shall not be liable personally, either jointly or severally, for any debt or obligation created or incurred by the fund.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-609 - Scope of insurance by fund

The fund shall insure an employer against any workers' compensation claim arising primarily out of and in the course and scope of employment as fully as any other insurer.
Acts 1992, ch. 900, § 26; 2013, ch. 282, § 9.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-610 - Powers of fund

For purposes of exercising the specific powers granted in this part and carrying out the other purposes of this part, the fund may:
(1)
Sue and be sued;
(2)
Have a seal and alter it at will;
(3)
Make, amend, and repeal rules relating to the conduct of the business of the fund;
(4)
Enter into contracts relating to the administration of the fund;
(5)
Rent, lease, buy, or sell property in its own name and may construct or repair buildings necessary to provide space for its operations;
(6)
Declare a dividend when there is an excess of assets over liabilities, and minimum surplus requirements;
(7)
Pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, pay salaries, and pay administrative and other expenses;
(8)
Hire personnel and set salaries and compensation; and
(9)
Perform all other functions and exercise all other powers of a domestic insurance company that are necessary, appropriate, or convenient to administer the fund.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-615 - Property of fund - Fund employees

All premiums and other money paid to the fund, all property and securities acquired through the use of money belonging to the fund, and all interest and dividends earned upon money belonging to the fund and deposited or invested by the fund are the sole property of the fund and shall be used exclusively for the operation and obligations of the fund. The money of the fund is not state property. The employees of the fund shall not be considered state employees.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-616 - Appropriations prohibited except as provided in section 50-6-621

The fund shall not receive any state appropriation at any time other than as provided by §
50-6-621
.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-617 - Fund not a state agency

The fund shall not be considered a state agency for any purpose.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-618 - Rules for sale of coverage by agents

Private independent insurance agents licensed to sell workers' compensation insurance in this state may sell insurance coverage for the fund according to rules adopted by the board. The board shall, by rule, also establish a schedule of commissions that the fund will pay for the services of an agent.
Acts 1992, ch. 900, § 26.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-619 - Annual report required

The board shall submit an annual report to the governor and general assembly indicating the business done by the fund the previous year and containing a statement of the resources and liabilities of the fund.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-620 - Contents of annual report

The board shall annually report to the general assembly, governor, and the director of the division of state audit the operations of the fund up to that date. The report shall include, but not be limited to:
(1)
The volume of premiums insured through the state fund and its share of the state workers' compensation insurance market;
(2)
The percent division of premium dollars among various types of benefit payments and administrative costs for policies and claims under the state fund;
(3)
The average rate of return enjoyed by the state fund on its invested assets;
(4)
Recommendations concerning desirable changes in the state fund to promote its prompt and efficient administration of policies and claims;
(5)
A recommendation to the general assembly and governor regarding the continued operation of the fund;
(6)
A full report concerning reserve practices including any actuarial analysis of the funds reserved; and
(7)
Any other information the director deems appropriate.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.
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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-621 - Bonds, appropriation for start-up costs

The state is authorized to issue bonds in accordance with law or appropriate funds in the general appropriations act to the competitive state compensation insurance fund for start-up costs to be repaid pursuant to terms set by authorizing legislation for issuance of the bonds or appropriated funds. The start-up costs may be utilized by the fund to meet the reserve and capitalization requirements of the department of commerce and insurance. The funds set aside for this purpose shall be considered an admitted asset for regulatory purposes. The time for the fund repaying the appropriations may be extended by the funding board.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 1; 1995, ch. 448, § 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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-622 - Start-up of operations

The fund shall begin providing workers' compensation insurance coverage when the board determines that the fund is able to do so and all requirements under state law have been met. The fund shall not issue insurance policies to employers until the approval of the director of the division of state audit has been obtained.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 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 6 - WORKERS' COMPENSATION INSURANCE FUND ACT OF 1992 (§§ 50-6-601 — 50-6-623) › Section 50-6-623 - Submission and review of organizational and operating plans

Before the fund established by this part shall enter into any contract, except for consulting services, or issue any bonds, or incur any liability, the board of directors shall submit organizational and operating plans for the fund to a review committee for approval. The review committee shall consist of the administrator of the workers' compensation bureau, the commissioners of commerce and insurance, and finance and administration, the state treasurer, and the comptroller of the treasury. The review committee shall approve the operational and organizational plans if it determines the plans to be in accord with this part and to be fiscally sound and responsible. If the committee approves the plan, then the fund may become fully operational. If the committee does not approve the plan, then the committee shall make appropriate recommendations to the board of directors, governor, and the speakers of the senate and house of representatives concerning any deficiencies.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 7; 1999, ch. 520, § 41; 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 7 - INTERLOCAL AGREEMENTS BY ELECTRIC COOPERATIVES AND MUNICIPAL UTILITIES (§§ 50-6-701 — 50-6-705) › Section 50-6-701 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Association captive insurance company" means an association captive insurance company described in §
56-13-102
, operated by an association described in §
56-13-102
;
(2)
"Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under title 65, chapter 25, or similar statutes of any other state, that distributes electric power purchased from the Tennessee Valley authority (TVA);
(3)
"Interlocal agreement" means an agreement authorized by title 12, chapter 9, or by this part, or by both; and
(4)
"Municipal utility" means any governmental entity as defined in §
29-20-102
, having a system for the distribution of electric power, whether operated under the authority of a board of the governmental entity, by a department of the governmental entity or under the authority of a board created pursuant to the Municipal Electric Plant Law of 1935, compiled in title 7, chapter 52, or by the authority of any other law of the state, and that operates an electric generation or distribution system that distributes electric power purchased from the Tennessee Valley authority; and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, that distributes electric power purchased from the Tennessee Valley authority.
Acts 1995, ch. 488, § 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 7 - INTERLOCAL AGREEMENTS BY ELECTRIC COOPERATIVES AND MUNICIPAL UTILITIES (§§ 50-6-701 — 50-6-705) › Section 50-6-702 - Authorization to enter interlocal agreements - General assembly findings

(a)
For the purpose of insuring or self-insuring the obligations and liabilities under this chapter, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements to pool their liabilities pursuant to §
29-20-401
, as if each electric cooperative were a governmental entity for purposes of §
29-20-401
, and as if each cooperative were a public agency for purposes of title 12, chapter 9, and under which the interlocal agreement is administered by an association captive insurance company or any of its affiliates or subsidiaries. An interlocal arrangement that is administered by an association captive insurance company may also provide for the insuring or self-insuring of obligations and liabilities arising under the federal Longshoremen's and Harbor Workers' Compensation Act (
33 U.S.C. §§ 901-950
), as long as the company has obtained any necessary approvals by the appropriate federal agencies.
(b)
The general assembly finds and determines that participation in the interlocal agreements by electric cooperatives and municipal utilities provides a mutual benefit to help reduce the expense of operations of municipal utilities and electric cooperatives and hence reduces the cost of electricity for the citizens of the state, and finds that all contributions of financial and administrative resources and associated costs and expenses made by a municipal utility pursuant to an interlocal agreement, as authorized in this part, are made for a public and governmental purpose, and that the contributions benefit the contributing municipal utilities. To the extent that the interlocal agreements provide for the respective parties to indemnify or hold harmless each other from certain liabilities arising out of participation in the pooling agreement, the provisions are authorized in accordance with the findings of the general assembly.
Acts 1995, ch. 488, § 2; 2010 , ch. 848, § 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 7 - INTERLOCAL AGREEMENTS BY ELECTRIC COOPERATIVES AND MUNICIPAL UTILITIES (§§ 50-6-701 — 50-6-705) › Section 50-6-703 - Association captive insurance companies as administrators for certain entities

An association captive insurance company may, directly or through an entity it may create and control, enter into agreements with participating governmental entities or electric cooperatives under §
29-20-401
, to serve as administrator or act as the special fund or legal or administrative entity of the pooled financial and administrative resources thereunder and under this part, and may charge fees and costs for such services as administrator. The company may provide insurance or reinsurance for excess losses above the amounts that are retained by the pooled financial resources, the same as if it were created by governmental entities under §
29-20-401(e)
, for those purposes, an electric cooperative shall be deemed to be a governmental entity. To the extent that an association captive insurance company shall be deemed to become a party to an interlocal agreement, it shall be deemed to have the status of a public agency for those purposes. The administrative activities and operations of the fund or entity, whether by, through or under the direction or supervision of the association captive insurance company or otherwise, shall be subject to §
29-20-401(d)
, and certificates of compliance may be issued as authorized by §
29-20-401(c)(2)
.
Acts 1995, ch. 488, § 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 7 - INTERLOCAL AGREEMENTS BY ELECTRIC COOPERATIVES AND MUNICIPAL UTILITIES (§§ 50-6-701 — 50-6-705) › Section 50-6-704 - Liability - Participation in other arrangements - No implied repeal

(a)
Nothing in this part shall be construed to confer upon any electric cooperative any immunity from liability for damages for injuries to persons or property granted to a governmental entity under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, nor to prevent a municipal utility from exercising any right, privilege or option it may have under this chapter.
(b)
Nothing in this part shall preclude a municipal utility or electric cooperative from participating in any other insured, self-insured, or risk-pooling arrangement permitted under any other law of this state.
(c)
Nothing in this part shall be deemed to be an implied repeal of any of title 65, chapter 25.
Acts 1995, ch. 488, §§ 4-6.
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 7 - INTERLOCAL AGREEMENTS BY ELECTRIC COOPERATIVES AND MUNICIPAL UTILITIES (§§ 50-6-701 — 50-6-705) › Section 50-6-705 - Liberal construction

This part shall be liberally construed to permit electric cooperatives and municipal utilities to enter into agreements to pool their resources to provide for satisfaction of obligations under this chapter, as if electric cooperatives were governmental entities under §
29-20-401
or public agencies under title 12, chapter 9.
Acts 1995, ch. 488, § 7.