50-6-205 - Period of compensation Maximum amount Notice of payment, change or nonpayment Records Notice of controversy. - Tennessee Statutes

50-6-205. Period of compensation Maximum amount Notice of payment, change or nonpayment Records Notice of controversy.

(a)  No compensation shall be allowed for the first seven (7) days of disability resulting from the injury, excluding the day of injury, except the benefits provided for in § 50-6-204, but if disability extends beyond that period, compensation shall commence with the eighth day after the injury. In the event, however, that the disability from the injury exists for a period as long as fourteen (14) days, then compensation shall be allowed beginning with the first day after the injury.

(b)  (1)  The total amount of compensation payable under this part shall not exceed the maximum total benefit, as that benefit is defined in § 50-6-102, in any case, exclusive of travel reimbursement, medical, hospital and funeral benefits.

     (2)  Compensation shall be paid promptly. The first payment shall be due and payable within fifteen (15) days after the employer has knowledge of any disability or death, and thereafter compensation shall be paid to the employee or the employee's dependents semimonthly. Evidence of the initiation or denial of the compensation is inadmissible in a subsequent proceeding concerning the issue of the compensability of injury.

     (3)  (A)  In addition to any other penalty provided by law, if an employer, trust or pool or an employer's insurer fails to pay, or untimely pays, temporary disability benefits within twenty (20) days after the employer has knowledge of any disability that would qualify for benefits under this chapter, a workers' compensation specialist shall have the authority to assess against the employer, trust or pool or the employer's insurer a civil penalty in addition to the temporary disability benefits that are due to the employee. The penalty, if assessed, shall be in an amount equal to twenty-five percent (25%) of the temporary disability benefits that were not paid in accordance with this subsection (b). Furthermore, the penalty may be assessed as to all temporary disability benefits that are determined not to be paid in compliance with this subsection (b).

          (B)  Prior to the assessment of any civil penalty, the specialist shall issue a written request to the employer or insurance carrier to provide documentation as to why the civil penalty should not be assessed.

          (C)  If the specialist determines the employer or insurer was not in compliance with this subsection (b), the specialist shall issue a written order that assesses the penalty in a specific dollar amount to be paid directly to the employee. If the employer or insurer fails to comply with the order within fifteen (15) calendar days of that order's becoming final, the employer or insurer shall be subject to penalties as set forth in § 50-6-238(d).

          (D)  In any civil action filed pursuant to this chapter, the court shall have the authority to assess penalties as provided in this subdivision (b)(3).

(c)  (1)  Upon making the first payment of benefits, and upon stopping or changing the benefits for any cause other than final settlement, or upon denying a claim after proper investigation, the employer's insurance carrier or the employer, if self-insured, shall immediately notify the administrator, on a form prescribed by the administrator, that the payment of income benefits has begun or has been stopped or changed.

     (2)  Failure to file the notice shall be a misdemeanor and shall, upon conviction, be punishable by a fine of not more than fifty dollars ($50.00).

(d)  (1)  If payments have been made without an award, and the employer subsequently elects to controvert the employer's liability, notice of controversy shall be filed with the administrator within fifteen (15) days of the due date of the first omitted payment.

     (2)  In such cases, the prior payment of compensation shall not be considered a binding determination of the obligations of the employer as to future compensation payments.

     (3)  Likewise, the acceptance of compensation by the employee shall not be considered a binding determination of the obligations of the employer as to future compensation payments; nor shall the acceptance of compensation by the employee be considered a binding determination of the employee's rights.

[Acts 1919, ch. 123, § 26; 1923, ch. 84, § 3; Shan. Supp., § 3608a175; Code 1932, § 6876; Acts 1941, ch. 90, § 4; C. Supp. 1950, § 6876; Acts 1955, ch. 182, § 1; 1963, ch. 362, § 1; 1967, ch. 313, § 2; 1969, ch. 196, § 2; 1971, ch. 134, § 2; 1972, ch. 699, § 2; 1973, ch. 379, § 5; 1974, ch. 617, § 1; 1975, ch. 86, § 1; 1977, ch. 354, § 1; 1978, ch. 532, § 1; 1979, ch. 365, § 1; 1980, ch. 607, § 1; 1981, ch. 333, § 1; 1982, ch. 880, § 1; T.C.A. (orig. ed.), § 50-1005; Acts 1983, ch. 215, § 2; 1985, ch. 393, §§ 4, 20; 1996, ch. 790, § 2; 1997, ch. 533, § 3; 1999, ch. 520, § 41; 2004, ch. 962, § 6; 2007, ch. 330, § 1.]