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Young v. Caradon Better-Bilt8/25/2000
Following her termination for excessive absences and tardiness, the employee filed an action pursuant to Tenn. Code Ann. § 50-6-241(a)(2) seeking reconsideration of her 1996 workers' compensation award. The employer argued that reconsideration was not appropriate under the statute because the employee's termination was not causally connected to her initial work-related injury. The trial court rejected the employer's argument and entered a judgment awarding the employee an additional five percent (5%) permanent partial disability. The employer appealed the trial court's decision, and the Special Worker's Compensation Appeals Panel held that the trial court had erred in increasing the initial award because the employee had failed to prove that her termination was causally connected to her initial work-related injury. Thereafter, we granted the employee's motion for full Court review and now reject the findings and conclusions of the Panel. We conclude that Tenn. Code Ann. § 50-6-241(a)(2) does not require the employee to prove that the initial work-related injury caused the loss of employment as a precondition to obtaining reconsideration. Accordingly, we affirm the judgment of the trial court.
Tenn. Code Ann. § 50-6-225(e)(5)(B) Appeal; Findings of Fact and Conclusions of Law of the Special Workers' Compensation Appeals Panel Rejected; Judgment of the Trial Court Affirmed.
Frank F. Drowota, III, J., delivered the opinion of the court, in which E. Riley Anderson, C.J., Janice M. Holder and William M. Barker, JJ., joined. Adolpho A. Birch, Jr., J., Not Participating.
OPINION
Background
Appellant, Debbie Young began working for appellee, Caradon Better Bilt, Incorporated ("Caradon") in February of 1992 as a production employee. Young sustained a compensable work-related injury to her left leg and back on or about November 1, 1995. Dr. Warren MacPherson treated Young and assessed a ten percent (10%) permanent partial disability as a result of that injury. Dr. MacPherson released Young to return to work with an initial two-week lifting restriction, and she returned to work on January 29, 1996. Young settled her workers' compensation claim for the 1995 injury on March 25, 1996, and received a twenty-five percent (25%) permanent partial disability rating to the body as a whole and $1,000.00 for future medical expenses beyond two years.
After Young returned to work, she continued to see Dr. MacPherson until March 4, 1997, for follow-up treatment. Thereafter, on March 12, 1998, Young was evaluated by Dr. David Gaw who, like Dr. MacPherson, assessed a ten percent (10%) impairment resulting from the 1995 injury.
On March 21, 1997, Young was terminated from her employment with Cardon for excessive tardiness and absenteeism. After her termination, Young sought a second opinion on the extent of the disability she had sustained as a result of the November 1, 1995, injury. Caradon arranged for Young to be examined and evaluated by Dr. Ronald Zellum. Dr. Zellum concluded that Young had an eight percent (8%) impairment resulting from the 1995 injury.
On May 21, 1997, two months after her employment was terminated, Young filed a complaint in the Chancery Court of Rutherford County seeking, pursuant to Tenn. Code Ann. § 50-6-241(a)(2), reconsideration of her March 25, 1996, workers' compensation award. Following a hearing, the trial court found that Young had been terminated because of excessive tardiness and absenteeism. However, the trial court concluded that the law does not require proof of a causal connection between the employee's work-related initial injury and subsequent termination as a prerequisite to obtaining reconsid
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