Definitions

The following definitions apply to this Chapter and the procedure for seeking a contested case hearing within the Tennessee Bureau of Workers’ Compensation. (1) “Administrative Hearing Clerk” means the Administrative Hearing Clerk of the Bureau of Workers’ Compensation, 220 French Landing Drive, Suite 1-B, Nashville, Tennessee 37243-1002; Fax: (615) 253-6256. Email WC.info@tn.gov . (2) “Administrative Judge” - Wherever the term ‘‘administrative judge’’ is used in these rules, it is intended to include reference to the term ‘‘hearing officer,’’ in cases in which hearing officers conduct the proceedings. PROCEDURES FOR PENALTY ASSESSMENTS AND HEARING CHAPTER 0800-02-13 CONTESTED CASES (3) “Administrator” means the Administrator of the Bureau of Workers’ Compensation of the Tennessee Department of Labor and Workforce Development, the Administrator’s Designee, or any other Bureau member appointed to hear a contested case under the Tennessee Uniform Administrative Procedures Act. (4) “Administrator’s Designee” means any person whom the Administrator indicates, selects, appoints, nominates, or sets apart for any purpose or duty. (5) “Agency Decision” means an official Bureau decision assessing a civil penalty. A ruling which disposes of a request for a contested case hearing for the Bureau to review the legitimacy of a penalty is a Final Agency Decision unless otherwise indicated in the ruling. (6) “Burden of Proof” - The ‘‘burden of proof’’ refers to the duty of a party to show by a preponderance of the evidence that an allegation is true or that an issue should be resolved in favor of that party. A ‘‘preponderance of the evidence’’ means the greater weight of the evidence or that, according to the evidence, the conclusion sought by the party with the burden of proof is the more probable conclusion. The burden of proof is generally assigned to the party who seeks to change the present state of affairs with regard to any issue. The administrative judge makes all decisions regarding which party has the burden of proof on any issue. (7) “Bureau” means the Tennessee Bureau of Workers’ Compensation. (8) “Department” means the Tennessee Department of Labor and Workforce Development. (9) “Employee” shall have the same meaning as set forth in T.C.A. § 50-6-102. (10) “Employer” means an employer as defined in T.C.A. § 50-6-102 but also includes an employer’s insurer, third party administrator, self-insured employer, self-insured pool and trust, as well as the employer’s legally-authorized representative or legal counsel, as applicable. (11) “Entity” means any person who may be subject to the Workers’ Compensation Law and Bureau rules. (12) “Filing” - Unless otherwise provided by law or by these rules, ‘‘filing’’ means actual receipt by the Administrative Hearing Clerk. (13) “Inspection” means any inspection of an Employer’s factory, plant, establishment, construction site, or other area, workplace, or environment where work is performed by at least one person who is or may be an Employee of an Employer, or other place that is reasonably calculated to lead to the discovery of relevant evidence. (14) “Investigation” means any reasonable efforts made by a Bureau Employee to find out relevant information or information reasonably calculated to lead to the discovery of relevant information necessary to determine whether an Employer, Employee, or other person or entity is subject to the Workers’ Compensation Law or Bureau Rules, to determine whether an Employer or Employee has failed to comply with any provision of the Workers’ Compensation Law or Bureau Rules, or to determine the amount of any monetary penalty which may be assessed against an Employer, Employee, or other person or entity subject to the Workers’ Compensation Law or Bureau Rules for failure to comply with any provision of the Workers’ Compensation Law or Bureau Rules. (15) “Petitioner” - The ‘‘petitioner’’ in a contested case proceeding is the ‘‘moving’’ party, i.e., the party who has initiated the proceedings by filing a request for contested case hearing. PROCEDURES FOR PENALTY ASSESSMENTS AND HEARING CHAPTER 0800-02-13 CONTESTED CASES The party seeking relief from a penalty bears the burden of proving the penalty should not have been assessed. (16) “Pleadings” - ‘‘Pleadings’’ are written statements of the facts and law which constitute a party’s position or point of view in a contested case and which, when taken together with the other party’s pleadings, will define the issues to be decided in the case. Pleadings may be in legal form - as for example, an “Agency Decision,” ‘‘Request for a Contested Case Hearing’’ or ‘‘Answer’’ - or, where not practicable to put them in legal form, letters or other papers may serve as pleadings in a contested case, if necessary to define what the parties’ positions are and what the issues in the case will be. (17) “Records of the Department and Bureau” means any data, including electronic, computer- generated, telephonic, or on paper, used in the business of the Bureau and obtained by any Bureau Employee from within the Bureau or from other governmental entities or agencies, through an investigation or inspection, or from any other lawful source. (18) “Respondent” - The ‘‘respondent’’ in a contested case proceeding is the party who is responding to the request for contested case hearing filed by the ‘‘petitioner’’. (19) “Workers’ Compensation Law” means the Workers’ Compensation Act as currently enacted by the Tennessee General Assembly, specifically including any future enactments by the Tennessee General Assembly involving amendments, deletions, additions, repeals, or any other modification, in any form, of the Workers’ Compensation Act.