Alvin Hayes v. Sharp Transport Co. and Cherokee Insurance Co.

In accordance with Tennessee Supreme Court Rule 51, this workers’ compensation 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. Employee suffered compensable injuries to his lower back and right shoulder. Employer asserted that the permanent disability award for employee’s injury should be capped at one and one half times his impairment rating because employee had voluntarily resigned. Following a bench trial the trial court found that the statutory cap of one and one half times did not apply to employee’s permanent partial disability benefits because employee’s retirement was reasonably related to his workplace injury and therefore he did not have a meaningful return to work. Based on an impairment rating of eleven percent the trial court awarded 35 percent permanent partial disability benefits. We find there was a meaningful return to work and accordingly we reverse the trial court judgment.