Free I-18 Notice of Discontinuance - Tennessee

STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT Division of Workers' Compensation 220 French Landing Drive Nashville, TN 37243-1002 1-800-332-2667

Notice of Discontinuance of Form I-18 "Election of Non-coverage by Sub-contractor" Effective September 7, 2004, the Department of Labor and Workforce Development, Workers' Compensation Division shall no longer accept filings of Form I-18 "Election of Non-coverage by Sub-contractor." The Department has encountered a number of difficulties in the use of the Form I-18, including the following: (1.) use of the form to show non-coverage by workers who should properly be classified as employees rather than subcontractors when the criteria set forth in Tenn. Code Ann. §50-6-102(10)(D) are applied; (2.) problems in the calculation and/or miscalculation of workers' compensation insurance premiums based on information contained on I-18 Forms; (3.) incomplete or inaccurate information written on I-18 Forms, often resulting in the return of many forms to the requesting person(s); (4.) inability of the Division to verify and/or confirm information presented on I-18 Forms; and (5.) misuse of the I-18 Forms for purposes other than for clarification for audit purposes. In order to reduce the difficulties, conflicts, and confusion which the Form I18 continues to cause to many persons involved in the workers' compensation process, it has become necessary to discontinue use of Form I18. All I-18 Forms received by the Workers' Compensation Division on or after September 7, 2004 will be returned to the requesting person(s). As has always been the law, the seven (7) factors found in Tennessee Code Annotated Section 50-6-102(10)(D)(Please see attached.) should be used in each work relationship to determine whether an individual is an "employee," or whether an individual is a "subcontractor" or an "independent contractor." Thank you for your understanding.

STATE OF TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT Division of Workers' Compensation 220 French Landing Drive Nashville, TN 37243-1002 1-800-332-2667

Tennessee Code Annotated §50-6-102(10)(D) Tennessee Code Annotated §50-6-102(10)(D) In a work relationship, in order to determine whether an individual is an "employee", or whether an individual is a "subcontractor" or an "independent contractor", the following factors should be considered: (i) The right to control the conduct of the work; (ii) The right of termination; (iii) The method of payment; (iv) The freedom to select and hire helpers; (v) The furnishings of tools and equipment; (vi) Self scheduling of working hours; and (vii) The freedom to offer services to other entities;