TWCA Reviews a Finding of an Employee's Meaningful Return to Work

JOHN ERNEST HAYES v. AMERICAN ZURICH INSURANCE COMPANY ET AL. (TWCA May 25, 2011)



Pursuant to 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. The trial court found that the employee had sustained a compensable injury. In addition, it found that the employee had a meaningful return to work, and his award of permanent partial disability ("PPD") benefits was limited to one and one-half times his anatomical impairment pursuant to Tennessee Code Annotated section 50-6-241(d)(1).

On appeal, the employee contends the trial court erred by finding that he had a meaningful return to work. The employer contends the trial court erred by admitting a discovery deposition of an expert into evidence over its objection based upon Tennessee Rule of Civil Procedure 32.01(3), and finding that the injury at issue was not concurrent with injuries which were the subject of a separate lawsuit. We affirm the judgment. 


Opinion available at:

http://www.tba2.org/tba_files/TSC_WCP/2011/hayesj_052511.pdf