Glenda Overton v. Regis Corporation

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 awarded the employee, Glenda Overton, 80% permanent partial disability to the body as a whole and temporary partial disability benefits in a stipulated amount. It also awarded a 25% lack of good faith penalty on the temporary disability for non-payment. The employer, Regis Corporation, has appealed, alleging that the trial court erred in finding that Ms. Overton sustained a permanent injury or, in the alternative, that the amount of the award is excessive. Regis also contends that the trial court erred in assessing the penalty for non-payment of the temporary disability benefits. We affirm the award of permanent disability and reverse the assessment of the penalty for non-payment.