Case Number
02S01-9708-CH-00074
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The issue raised in this case is whether the trial judge erroneously set aside a previously approved settlement of the plaintiff's workers' compensation case against the defendant. We find it was error to set this judgment approving the settlement aside. We reverse the judgment which did so and reinstate the judgment approving the settlement. Prior to April 17, 1995, the plaintiff and the defendant reached an agreement to settle the plaintiff's claim against the defendant. The parties filed a joint petition seeking court approval of the agreement. On April 17, 1995, the petition was heard by Chancellor Morris, sitting by interchange for Judge Whitenton in Hardeman County. After hearing the plaintiff and other statements, Chancellor Morris found the settlement was proper, was understood by the plaintiff, and gave her substantially what she was entitled to under the Workers' Compensation Act. On May 4, 1995, the plaintiff filed a petition to set aside the settlement because "her workers' compensation settlement was procured by fraud, or in the alternative, the settlement did not secure to her in a substantial manner the benefits under the workers' compensation law of the State of Tennessee." 2
Originating Judge
Hon. Dewey C. Whitenton,
Case Name
Sarah Taylor v. Harman Automotive, Inc.
Date Filed
Dissent or Concur
No
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