Clayton Homes, Inc. v. Albert D. Bowling

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has resulted from a ruling of the trial court that the employee's attorney was not entitled to an award of attorney's fees from medical expenses recovered in the case. At the trial below, the claim for compensation benefits was contested on all issues except for a stipulation regarding the employee's compensation rate and an agreement that the sum of $582.25 had been paid in temporary total disability benefits. The employer denied the herniated cervical discs were caused by the employee's work activities and contended if there were an injury, it was of a minor nature. After a contested hearing, the trial court found against the employer, Clayton Homes, Inc., on these issues. The Chancellor announced his decision on March 11, 1997 at a hearing where he made detailed findings of fact and conclusions of law. On April 8, 1997, the employee filed a motion to be awarded discretionary costs and a separate motion seeking a 2% award of attorney's fees on the amount of medical expenses allowed in the case. A final judgment was entered on May 13, 1997, which provided for (1) an award of 15% permanent partial disability to the body as a whole, (2) an award of $6,77.6 for additional temporary total disability benefits, (3) directing all accrued permanent partial benefits in the sum of $17,2.8 be paid in a lump sum, and (4) directing the employee to pay all necessary and reasonable medical expenses. In connection with the payment of medical expenses, the judgment stated: "That this sum shall be paid in the registry of the Court and after it has been determined as to the amount, that the attorney for the defendant is awarded a lien of the recovery herein for his attorney's fees of 2% for the recovery of this disputed medical." claytonh.wc 2