Dyson-Kissner-Moran Corporation v. Gerry Shavers
Case number: E2015-02005-SC-R3-WC
Authoring judge: Judge Kristi M. Davis
Originating Judge: Judge Jeffrey Hollingsworth
Date filed: Friday, Dec. 16, 2016
Gerry Shavers (“Employee”) worked for Dyson-Kissner-Moran Corporation d/b/a BurnerSystems International, Inc. (“Employer”), as a senior manufacturing engineer. In 2008, he developed symptoms of carpal tunnel syndrome. His claim was accepted as compensable. He continued to work at the same job until August 2009, when he was terminated for violation of company policy. The primary issue at trial was whether his award of permanent disability benefits was subject to the one and one-half times impairment cap set out in Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008). Finding that the cap applied because Employee was terminated for misconduct, the trial court awarded permanent partial disability benefits of 46.5% to the body as a whole. Judgment was entered in accordance with the trial court’s findings, and Employee has appealed. The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.
Ulysses Strawter V. Mueller Company
Case number: E2015-02374-SC-R3-WC
Authoring judge: Judge Kristi M. Davis
Originating judge: Judge Pamela A. Fleenor
Date filed: Friday, December 16, 2016
Ulysses Strawter (“Employee”) was injured on Aug. 11, 2012 in the course of his employment with Mueller Company (“Employer”). After several months of temporary disability, he returned to work at his pre-injury job. Subsequently, his position was eliminated. He remained with Employer but was assigned to a lower-paying job. He filed an action for workers’ compensation benefits in the Chancery Court for Hamilton County. The trial court held that Employee had a meaningful return to work and that his award of permanent disability benefits was limited to one and one-half times the impairment rating. Between the trial and the filing of the court’s decision, Employee returned to his previous job at a wage higher than his pre-injury wage. The trial court’s decision was not appealed. During the months after entry of judgment, Employee was re-assigned to a lower paying position. He filed a petition for reconsideration. The trial court held that Employee was entitled to reconsideration and awarded additional permanent disability benefits in a stipulated amount. Employer has appealed. The 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 pursuant to Tennessee Supreme Court Rule 51. The judgment of the trial court is affirmed.