(a) The administrator or the administrator’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:

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Terms Used In Tennessee Code 50-6-214

  • Administrator: means the chief administrative officer of the bureau of workers' compensation of the department of labor and workforce development. See Tennessee Code 50-6-102
  • Employee: includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of the corporate officials, in the service of an employer, as employer is defined in subdivision (11), under any contract of hire or apprenticeship, written or implied. See Tennessee Code 50-6-102
  • Employer: includes any individual, firm, association or corporation, the receiver or trustee of the individual, firm, association or corporation, or the legal representative of a deceased employer, using the services of not less than five (5) persons for pay, except as provided in §. See Tennessee Code 50-6-102
(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 judge 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 administrator or the administrator’s designee, plus interest from the date of payment at the rate set by § 47-14-121.
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