50-6-128 - Penalty for employer causing compensable claim to be paid by insurance or failing to provide necessary medical treatment. - Tennessee Statutes

50-6-128. Penalty for employer causing compensable claim to be paid by 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 commissioner of labor and workforce development has the authority to assess and collect the civil penalty.

[Acts 1992, ch. 900, § 24; 2000, ch. 734, § 1.]