Workers' Compensation Opinions

An employee sued for workers’ compensation benefits alleging two distinct injuries on different dates: physical injuries sustained in a work-related motor vehicle collision in 2001 and mental injuries from an incident involving a severely abused infant in 2000. The employee settled her mental injury claim. The trial court’s judgment approving the settlement included future medical benefits for the employee’s mental injuries, but none for physical injuries related to the collision. Nine years later, the employee filed a motion to compel medical benefits for her physical injuries related to the collision. The trial court, in an order referencing this case (#13,393) and a later-filed case (#15,665), ordered the employer to provide medical benefits for the employee’s physical injuries. In a separate order, the trial court awarded the employee her attorney fees and costs. We vacate the trial court’s orders, finding that the trial court did not have subject matter jurisdiction to compel medical benefits for the employee’s physical injuries.

Charles Steven Blocker (“Employee”) sustained a compensable injury to his cervical spine while working for Powell Valley Electric Cooperative (“Employer”) in November 2010. After returning to work, Employee suffered a second, gradual injury to his cervical spine in January 2013, which rendered him permanently and totally disabled. Employee filed an action against Employer and the Tennessee Department of Labor and Workforce Development, Second Injury Fund (“the Fund”). The trial court initially found Employee’s 2013 injury caused 9% vocational disability and apportioned 9% of the award to Employer and 91% to the Fund. After the Fund appealed, the Special Workers’ Compensation Appeals Panel remanded the case for the trial court “to reassess Employee’s 2013 vocational disability” and “to make the appropriate assignment of the award to Employer and the Fund.” On remand, the trial court found the 2013 injury caused 20% vocational disability and apportioned 20% of the award to Employer and 80% to the Fund. The Fund again appeals, asserting the trial court incorrectly apportioned the award. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

A truck driver, whose employer had no workers’ compensation insurance coverage, was injured after falling from his employer’s truck while tarping a load of goods at a manufacturer’s facility. The truck driver filed a workers’ compensation claim against the manufacturer, asserting that the manufacturer was the truck driver’s statutory employer under Tennessee Code Annotated section 50-6-113 (2014 & Supp. 2017). The Court of Workers’ Compensation Claims granted the manufacturer’s motion for summary judgment, holding that the truck driver failed to establish that the manufacturer undertook work for an entity other than itself, retained the right of control over the conduct of the work, or that the truck driver’s conduct in tarping the load was part of the manufacturer’s regular business or the same type of work usually performed by its employees. After review, we affirm.

Susie Plunk (“Employee”) alleged that she sustained a compensable injury in the course and scope of her employment with Professional Home Health Care Services (“Employer”). Employer filed a motion for summary judgment asserting that Employee’s claim should be dismissed for lack of service of process or insufficient process. The trial court granted Employer’s motion finding that Employer was not served with process, Employer had sufficiently raised failure of service of process as a defense, and Employer had not waived that defense by participating in the litigation. Employee has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse the decision of the trial court and remand the case for a trial on the issues.

Vicki Gandee (“Employee”) sustained a knee injury in 2004 during the course of her employment with Christ United Methodist Church (“Employer”). Employee returned to work after her injury; however, she left her job in April 2006 before reaching maximum medical improvement. Employee filed this claim against Employer’s worker’s compensation carrier (“Insurer”) maintaining she failed to make a meaningful return to work. Employee was seeking permanent partial disability benefits at six times the impairment rating. The parties disputed whether Employee was terminated for misconduct or resigned due to her injury. The trial court found the claim compensable but capped the award at two and one-half times the impairment rating having concluded Employee was terminated for misconduct. Employee appeals claiming the trial court erred in finding she was terminated for misconduct; in applying the lower cap; and in adopting Insurer’s expert’s impairment rating. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s decision to adopt the impairment rating assigned by Insurer’s expert; however, we reverse the trial court’s decision to cap the award based on misconduct and remand for modification of the award.

C.K. Smith, Jr. (“Employee”) suffered a compensable shoulder injury and was awarded lifetime medical care pursuant to a settlement agreement with Goodall Buildings, Inc. (“Employer”). Employee suffered from long-term chronic pain because of his injury and was referred to Dr. Jeffrey Hazlewood for pain management. Upon entering the care of Dr. Hazlewood, Employee was already prescribed a high dosage of opioids to manage his pain. Dr. Hazlewood continued this treatment, slowly raising Employee’s prescription. However, Dr. Hazlewood began to have concerns about Employee forming an addiction, and new medical guidelines on pain management indicated that Employee was taking too high a dosage of opioids. Dr. Hazlewood recommended weaning Employee off opioids, or at least lowering his dosage. In response, Employee left the care of Dr. Hazlewood and filed a motion for a new panel of physicians. That motion was heard for the first time almost two years later. The trial court granted Employee’s motion and ordered Employer to provide a new panel of physicians. Employer appealed, arguing Tennessee Code Annotated section 50-6-204(j) precludes Employee from receiving a new panel of physicians. The appeal has been referred to the Special Workers’ Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We reverse the judgment of the trial court.

Pamela Lyles (“Employee”) was employed by Titlemax of Tennessee, Inc. (“Employer”). On May 19, 2010, an armed robbery occurred, during which the offender brandished a handgun at Employee. Employee immediately began exhibiting symptoms of post-traumatic stress disorder (“PTSD”) and was diagnosed with PTSD no later than July 13, 2010. Employee filed a Request for Benefit Review Conference with the Tennessee Department of Labor on September 16, 2011, which resulted in an impasse. Employee brought suit and the trial court granted summary judgment in favor of Employer, stating that the statute of limitations barred her claim. Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Thomas D. Flatt (“Employee”) alleged he injured his neck and shoulder in the course and scope of his employment with West-Tenn Express, Inc. (“Employer”). The trial court found Employee suffered a compensable injury and awarded 44 percent permanent partial disability to the body as a whole. Employer’s appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse the trial court’s judgment.

Victory Thayer (“Employee”) alleged that he sustained a compensable injury in 1997 in the course and scope of his employment with United Parcel Service (“Employer”). Employer and its insurer, Liberty Mutual Insurance Company (“Insurer”), filed a motion for summary judgment. The trial court granted their motion on the ground that the one-year statute of limitations barred Employee’s claim. Employee has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Zoran Andric (“Employee”) alleged he was injured in the course and scope of his employment with Costco Wholesale Membership, Inc. (“Employer”). After a hearing, the trial court found Employee suffered a compensable injury to his right foot and awarded 64 percent permanent partial disability. Employer appeals. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s finding Employee suffered a compensable injury to his right foot, but we modify the award to 26 percent permanent partial disability to the right foot.

Employee, Wesley David Fly, was injured in the course of his employment, and the parties agree that Employee is permanently and totally disabled. The circuit court found that Employee was not capable of gainful employment and awarded benefits for permanent total disability. On appeal, Employer, Mr. Bult’s, Inc., argues that non-work-related factors acting independently of Employee’s work injury contributed to his disability. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the circuit court.

Paul A. Westby (“Employee”) suffered gradual hearing loss during his employment with Goodyear Tire & Rubber Company (“Employer”). Employee filed a workers’ compensation claim when Employer closed its plant. Employer argued the claim was barred by the statute of limitations because Employee failed to report his injury despite learning of his hearing loss years earlier. The trial court allowed the claim based on the “last-day-worked” rule and awarded Employee 60 percent permanent partial disability (“PPD”) to both ears. Employer has appealed, arguing that the trial court erred in applying the last-day-worked rule and that the PPD award is excessive. This appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court in all respects.

Kenneth Raymer (“Employee”) sustained a compensable injury to his left shoulder on July 8, 2011, and a compensable injury to his neck on December 18, 2012. He filed separate civil actions seeking permanent disability benefits for his injuries. The actions were consolidated for trial. The trial court awarded 30% permanent partial disability for the shoulder injury and 50% permanent partial disability for the neck injury and commuted both awards to lump sums. Maintenance Insights, LLC and Logistics Insight Corporation (collectively “Employer”) have appealed, contending the disability awards are excessive and that Employee did not demonstrate that the awards should have been commuted. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

Sisouphahn Thysavathdy (“Employee”) alleged that he sustained a compensable injury to his left shoulder on July 15, 2014. He was referred to a physician by his employer, Bridgestone Americas Tire Operations, LLC (“Employer”). That doctor opined that Employee’s shoulder condition was not work-related, and Employer denied the claim. After a compensation hearing, the Court of Workers’ Compensation Claims denied Employee’s claim. Employee appealed to the Workers’ Compensation Appeals Board, which affirmed the trial court’s decision. Employee has appealed that ruling. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Workers’ Compensation Appeals Board.

In June 2004, an employee sustained a work-related injury. After the employee sued her employer and its insurer for workers' compensation benefits, the parties settled the case. The trial court approved the settlement and, in part, ordered the defendants to pay the employee's reasonable and necessary authorized future medical expenses. In 2016, the employee moved to compel the defendants to provide medical treatment recommended by the employee's authorized treating physician; she also sought a finding of civil contempt and an award of attorney fees. The trial court ordered the defendants to provide the requested medical services and denied the motion for contempt. The defendants then authorized the employee's requested medical treatment. At a later hearing, the trial court awarded the employee her attorney fees under Tennessee Code Annotated section 50-6- 204(b)(2) (2005). The defendants appeal the trial court's award of medical benefits and attorney fees. After careful review, we hold that the issue of medical benefits is moot and the trial court erred in awarding the employee her attorney fees.

Paul Gray (“Employee”) was injured in the course of his employment with Wingfoot Commercial Tire Systems (“Employer”). Several physicians—authorized and unauthorized—examined and treated Employee. After a Benefit Review Conference was completed and suit filed, an unauthorized physician performed surgery. The trial court considered numerous issues including subject matter jurisdiction, payment of unauthorized medical expenses, impairment, and disability. It ruled in favor of Employee and awarded 50% permanent partial disability benefits. Employer appeals. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm in part, reverse in part, and remand to the trial court.

An employee filed a claim for workers’ compensation, alleging he injured his left knee in the course and scope of his employment. The Court of Workers’ Compensation Claims denied the claim, finding the employee had failed to prove that his knee injury arose primarily out of his employment. The Workers’ Compensation Appeals Board affirmed. The employee appealed, contending that the evidence preponderated against the judgment of the Court of Workers’ Compensation Claims. After careful review, we affirm the decision of the Workers’ Compensation Appeals Board.

Sherilyne Duty (“Employee”) was employed by East Tennessee Children’s Hospital (“Employer”) as a unit secretary. On March 22, 2006, she was assaulted by a visitor in the waiting area of the pediatric intensive care unit (“PICU”). She sustained an injury to her eye and developed post-traumatic stress disorder (“PTSD”) as a result of the incident. A settlement was reached as to all aspects of her workers’ compensation except the issue of temporary total disability. The settlement was approved by the Department of Labor, and Employee then brought this action seeking temporary disability benefits from July 2007 until November 2015. Employer contended Employee was not entitled to benefits because she was able to work and because she had been terminated for cause. The trial court denied the claim, finding Employee’s medical proof was not credible. Employee appeals, contending the evidence preponderates against the trial court’s decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

James Harrison sustained a compensable injury to his right shoulder while employed by General Motors, LLC (“GM”). He filed a workers’ compensation claim contending he was permanently and totally disabled as a result of the injury. The Court of Workers’ Compensation Claims found he was not permanently and totally disabled and awarded permanent partial disability benefits in accordance with the statutory scheme. Tenn. Code Ann. § 50-6-207(3)(A) & (B) (2014 & 2017 Supp.) Mr. Harrison appeals contending the evidence preponderates against the finding he is not totally disabled. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.

James Green (“Employee”) alleged that he sustained a compensable injury in the course of his employment with Kellogg Companies (“Employer”). After a compensation hearing, the Court of Workers’ Compensation Claims found that Employee did not sustain his burden of proof and dismissed the claim. Employee has appealed from that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Dana Pugh (“Employee”) and Tristar Centennial Medical Center (“Employer’) settled a claim for a compensable back injury to Employee after participating in and failing to resolve their dispute at a Benefit Review Conference (“BRC”). Employee later filed a motion to compel Employer to approve a surgical procedure recommended by her authorized physician and for attorney’s fees. Employer approved the surgery after another physician conducted a review of Employee’s medical records. Employee subsequently reset her motion, and the trial court awarded her attorney’s fees. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We conclude that the trial court did not have subject matter jurisdiction, vacate the judgment, and dismiss the case.

Louis Garassino (“Employee”) sustained a compensable lower back injury in the course of his work as a truck driver for Western Express (“Employer”). After a compensation hearing, the trial court awarded benefits to Employee. The order also awarded discretionary costs, in an unspecified amount. The parties disagreed over the issue. Employee filed a motion to award discretionary costs, including the fees of his examining doctor for reviewing records and conducting the examination. The trial court awarded those fees. Employer appealed to the Workers’ Compensation Appeals Board, which reversed the trial court as to the award of those two items. Employee has appealed, and the appeal has been assigned to this Panel pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.  

Billy Tankersley (“Employee”) worked for Batesville Casket Company (“Employer”) for thirty-seven years. He injured his right shoulder and arm on December 12, 2012. He ultimately was unable to return to work. He filed this action in the Chancery Court for Coffee County seeking permanent total disability benefits. The trial court found him to be permanently and totally disabled. The award was apportioned 90% to Employer and 10% to the Second Injury Fund. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.

Mueller Company (“Employer”) manufactures cast iron valves and related objects. Tommy Wyatt (“Employee”) worked for Employer for nineteen years, primarily in the cleaning room where flawed cast iron parts are chipped and ground. The job required moving and manipulating heavy objects. After suffering from low back pain for approximately three years, Employee underwent surgery in 2006. He returned to his regular job without restrictions. However, his symptoms persisted, and he underwent spinal fusion surgery in July 2013. In March 2014, he notified Employer he was seeking benefits for an alleged gradual injury. After investigation, Employer denied the claim contending Employee’s condition was caused by preexisting degenerative disease in his spine and further asserting Employee had failed to give timely notice. The trial court ruled in favor of Employee and awarded permanent total disability benefits. Employer appeals. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

Deborah Goodman (“Employee”) sustained a back injury in the course of her work for Schwarz Paper Company (“Employer”). It is undisputed that the injury was compensable. All medical expenses were paid by Employer. Employee continued to work after her injury. The sole issue presented to the trial court was whether Employee successfully rebutted the presumption of correctness attached to the authorized treating physician’s impairment rating. Tenn. Code Ann. § 50-6-204(k)(7) (2014 & Supp. 2017). After a compensation hearing, the trial court ruled that Employee had not overcome the presumption. Benefits were awarded based on the treating physician’s impairment rating. Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.