Fill and Sign the Notice of Discontinuance of Form I 18 Election of Tngov

State of Tennessee Department of Labor and Workforce Development Division of Workers’ Compensation 220 French Landing Drive Nashville, Tennessee 37243-1002 1-800-332-2667 Notice of Discontinuance of Form I-18 “Election of No n-coverage by Sub-contractor” Effective September 7, 2004, the De partment of Labor and Workforce Development, Workers’ Compensation Division shall no longer accept filings of Form I-18 “Election of N on-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 classi fied as employees rather than sub- contractors when the criteria set forth in Tenn. Code Ann. §50-6-102(11) are applied; (2.) problems in the calculation and/or miscalculation of workers’ compensation insurance premiums base d 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-1 8 Forms for purposes other than for clarification for audit purposes. In order to reduce the difficulties, conf licts, and confusion which the Form I- 18 continues to cause to many persons involved in the workers’ compensation process, it has become nece ssary to discontinue use of Form I- 18. All I-18 Forms received by the Workers’ Compensation Division on or after September 7, 2004 w ill be returned to the requesting person(s). As has always been the law, the seven (7 ) factors found in Tenn. Code Ann. Section 50-6-102(11) (Please see attach ed.) should be used in each work relationship to determine whether an individual is an “employee,” or whether an individual is a “subc ontractor” or an “independent contractor.” Thank you for y our understanding. MF/bjh State of Tennessee Department of Labor and Workforce Development Division of Workers’ Compensation 220 French Landing Drive Nashville, Tennessee 37243-1002 1-800-332-2667 Tennessee Code Anno tated §50-6-102(11) Tennessee Code Anno tated §50-6-102(11) In a work relationship, in order to determine whether an individual is an “employee”, or whether an individual is a “subcontractor” or an “i ndependent contractor”, the following factors should be considered: (A) The right to control the conduct of the work; (B) The right of termination; (C) The method of payment; (D) The freedom to select and hire helpers; (E) The furnishings of tools and equipment; (F) Self scheduling of working hours; and (G) The freedom to offer services to other entities;