General Motors Corporation v. Weisley Frazier, et al.

This workers’ compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee injured his back and knees at work. While he was receiving medical treatment, Employee offered a special retirement incentive package to decrease its workforce. Employee chose to accept this plan and retired while he was still receiving medical treatment. At trial, he contended that he was permanently and totally disabled. The trial court found that he was not permanently and totally disabled. The trial court also found that Employee’s recovery was limited to one and one-half times his anatomical impairment. Employee has appealed, and on appeal, Employee asserts that the trial court erred in finding that he was not permanently and totally disabled. In the alternative, he asserts that the trial court erred in applying the one and one-half times “cap.” We affirm the judgment.