Delorris Bates v. Tullahoma City Schools

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. The trial court found that the employee, who was over sixty years of age at the time of her permanent injury, was not subject to the cap set forth at Tennessee Code Annotated section 50-6-241(d)(1)(A), which limits disability benefits to one and one-half times the medical impairment rating and that she had proved three of the four elements in Tennessee Code Annotated section 50-6-242 and could therefore exceed the six-fold medical impairment cap set forth at Tennessee Code Annotated section 50-6-241(b). The court further found that the employee was not totally and permanently disabled and awarded ninety-eight percent permanent partial disability to both arms, a scheduled injury under Tennessee Code Annotated section 50-6-207(3)(A)(ii)(w). The trial court also ordered that the entire award of benefits in the amount of $108,587.92 be paid as
a lump sum. The employer contends the trial court erred when it failed to find that the  employee was permanently and totally disabled and when it awarded the benefits to be paid as a lump sum. We affirm the trial court judgement.