2010 Tennessee Code
Title 56 - Insurance
Chapter 47 - Workers' Compensation Fraud Act
56-47-108 - Recovery for economic injuries.

56-47-108. Recovery for economic injuries.

(a)  (1)  Any person economically injured by reason of a violation of § 56-47-104 may recover for the economic injury from the person violating § 56-47-104, in any appropriate court, the following:

          (i)  Return of any profit, benefit, compensation or payment received by the person violating § 56-47-104 directly resulting from the violation; and

          (ii)  Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs.

     (2)  An action maintained under this subsection (a) may neither be certified as a class action nor be made part of a class action.

(b)  (1)  Any person economically injured by reason of a violation of § 56-47-103 may recover for the economic injury from the person violating § 56-47-103, in any appropriate court, the following:

          (i)  Return of any profit, benefit, compensation or payment received by the person violating § 56-47-103 directly resulting from the violation;

          (ii)  Reasonable attorney's fees, related legal expenses, including internal legal expenses and court costs;

          (iii)  All other economic damages directly resulting from the violation of § 56-47-103;

          (iv)  Reasonable investigative fees based on a reasonable estimate of the time and expense incurred in the investigation of the violation or violations of § 56-47-103 proved at trial; and

          (v)  A penalty of no less than one thousand dollars ($1,000) and no greater than ten thousand dollars ($10,000).

     (2)  An action maintained under this subsection (b) may neither be certified as a class action nor be made part of a class action.

(c)  Any person injured in the course of employment or in such person's business or property by a person violating § 56-47-103, upon a showing of clear and convincing evidence that the violation was part of a pattern or practice of such violations, shall be entitled to recover threefold the injured person's economic damages. An action for treble damages must be brought within one (1) year of the last to occur of the violations. One third (1/3) of the treble damages awarded shall be payable to the state to be used solely for the purpose of investigation and prosecution of violations of this chapter or other fraudulent behavior relating to insurance transactions, and/or for public education relating to workers' compensation insurance fraud. An action maintained under this subsection (c) may neither be certified as a class action nor be made part of a class action, unless the violations of § 56-47-103 giving rise to the action resulted in criminal conviction of the violator or violators under § 56-47-105.

(d)  (1)  The attorney general and reporter has the authority to maintain civil proceedings on behalf of the department of commerce and insurance and any victims of violations of § 56-47-103. In any such action, the court shall proceed as soon as practicable to the hearing and determination of the proceedings. Pending final determination of the proceedings, the court may at any time enter restraining orders or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.

     (2)  The court has the jurisdiction to prevent and restrain violations of § 56-47-103 by issuing appropriate orders.

     (3)  In any action commenced under this subsection (d), the court, upon finding that any person has violated § 56-47-103, shall levy a fine of up to five thousand dollars ($5,000) for each violation.

(e)  Any court in which a prosecution for violation of § 56-47-103 is pending shall have authority to stay or limit proceedings in any civil action regarding the same or related conduct. Any court in which is pending a civil action brought pursuant to subsection (d) may stay or limit proceedings in actions brought pursuant to subsections (a)-(c) regarding the same or related conduct, or may transfer the actions or consolidate them before itself or allow the plaintiffs in such actions to participate in the action brought pursuant to subsection (d), as it shall prescribe.

(f)  Any civil cause of action under this section for violation of § 56-47-103 or § 56-47-104 must be brought within one (1) year of the commission of the last occurring of the acts constituting the violation, or within one (1) year of the time the plaintiff discovered, or with reasonable diligence could have discovered, the acts, whichever is later.

(g)  Any person economically injured by reason of a violation of § 56-47-103 or § 56-47-104 may recover under only one (1) of the subsections in this section.

[Acts 1996, ch. 944, § 48.]