Court reviews the constitutionality of Tennessee's temporary disability benefits statute.

RANDSTAD NORTH AMERICA, L.P. v. TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT (Tenn. Ct. App. November 2, 2011)

This appeal involves the constitutionality of a statute on temporary disability benefits, T.C.A. section 50-6-238. The plaintiff employment agency refused to pay temporary disability benefits to an employee who claimed that she was disabled from an on-the-job injury.

The employee filed a request for assistance with the defendant Tennessee Department of Labor and Workforce Development pursuant to T.C.A. section 50-6-238. A workers' compensation specialist entered an order requiring the employer to pay temporary disability benefits to the employee.

The employer filed an unsuccessful administrative appeal. The employer then filed the instant petition for common law writ of certiorari alleging, inter alia, that the procedures in T.C.A. section 50-6-238 violate the employer's right to procedural due process. The trial court agreed and held the statute to be unconstitutional on its face. The State appeals. In light of this Court's recent decision in Tyson Foods v. TDOL, No. M2010-0227-COA-R3-CV, 2011 WL 4790980 (Tenn. Ct. App. Oct. 10, 2011), we reverse the decision of the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/randstad_110211.pdf

TWCA Reviews Whether Employee is Entitled to Partial or Total Temporary Benefits

JAMES E. STEM v. THOMPSON SERVICES, INC. ET AL. (TWCA July 26, 2011)

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(3)(3) (2008) for a hearing and report of findings of fact and conclusions of law.

The appeal involves a dispute regarding the type and amount of temporary benefits an employee working two jobs is entitled to following an injury at one of the employee's jobs. After sustaining a work-related injury that required the employee to discontinue one but not both of his jobs, the employee filed suit in the Circuit Court for Rutherford County.

After the trial court awarded temporary total disability benefits, the employer appealed and asserted that the employee was not entitled to temporary total disability benefits because he continued to work at his second job. We conclude that the employee is entitled to temporary partial, rather than temporary total, disability benefits and remand the case to the trial court to determine the amount of these benefits.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/stemj_072611.pdf

TWCA reviews whether an employer could receive reimbursement of payments made prior to the execution of a compromise & release agreement

LIBERTY MUTUAL INSURANCE CO. ET AL. v. RICHARD WARNOCK ET AL. (TWCA July 14, 2011)



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 employee suffered an injury which the employer denied was in the course of employment. The employee filed a request for assistance with the Tennessee Department of Labor and Workforce Development. The Department ordered the employer to pay temporary disability benefits and medical expenses for the employee's injury pursuant to Tennessee Code Annotated section 50-6-238(a)(2)(3).

Subsequently the employer, its workers' compensation carrier and the employee entered into a compromise and release agreement in Pennsylvania pursuant to which the employee was paid $130,000. The employer filed this action against the employee and the Department of Labor requesting reimbursement of payments made pursuant to the Department's order, as permitted by section 50-6-238(b). The trial court granted the Department's motion for summary judgment and dismissed the action. We affirm the judgment.


Opinion available at:

http://www.tba2.org/tba_files/TSC_WCP/2011/libertymutual_071411.pdf