50-6-214 - Responsibility for payment benefits and loss adjustment expenses between insurance carrier and self-insured employer. - Tennessee Statutes

50-6-214. Responsibility for payment benefits and loss adjustment expenses between insurance carrier and self-insured employer.

(a)  The commissioner or the commissioner's designee shall order appropriate workers' compensation benefits and loss adjustment expenses associated with the claim to be paid on an equal basis by the insurance carrier or carriers and the self-insured employer, as appropriate, in any case where:

     (1)  (A)  An employer changes insurance carriers;

          (B)  The employer having been self-insured, becomes insured; or

          (C)  The employer having been insured, is approved to be self-insured; and

     (2)  One (1) of the following applies:

          (A)  The compensability of the claim is not being disputed by the employer or carrier; or

          (B)  A workers' compensation specialist has determined the claim to be compensable or ordered the provision of benefits to an employee; and

     (3)  There is a dispute as to which entity is responsible to provide workers' compensation benefits to a worker.

(b)  Upon an agreement by the parties or a court order as to which entity is responsible to pay the workers' compensation benefits to the employee, the entity responsible for the provision of workers' compensation benefits shall reimburse the other entity all moneys paid for or on behalf of the employee as ordered by the commissioner or the commissioner's designee, plus interest from the date of payment at the rate set by § 47-14-121.

[Acts 2007, ch. 378, § 1.]