JOHN F. OLDHAM v. FREEMAN WEBB COMPANY REALTORS D/B/A SUNNYBROOK, ET AL. - Articles

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JOHN F. OLDHAM v. FREEMAN WEBB COMPANY REALTORS D/B/A SUNNYBROOK, ET AL.

Posted by: Karen Belcher on Mar 6, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: A. Allen Grant and Benjamin T. Norris, Nashville, Tennessee, for the employer-appellant, Freeman Webb Company Realtors d/b/a Sunnybrook

Attorneys 2: Andrew J. Roberto, Knoxville, Tennessee, for the employee-appellant, John F. Oldham

Judge(s): CONNER

The employee sustained injuries to his right foot and leg while working for the employer in October 2020. Thereafter, in April 2022, the parties presented a proposed settlement to the trial court resolving the employee’s claim for an original award of permanent partial disability benefits. When the employee’s initial benefit period ended, the employee filed a petition for increased benefits, extraordinary relief, or permanent total disability. The employer denied the employee’s claim for additional benefits, asserting in part that the employee’s permanent work restrictions were unrelated to the work accident. Following a period of discovery, the employer filed a motion for partial summary judgment, arguing that the employee’s court-approved settlement for permanent partial disability benefits precluded, as a matter of law, any award of permanent total disability benefits. The employer further argued that the medical evidence did not support an award of extraordinary relief under the express terms of that statute. In addition, the employer filed a motion to quash a subpoena duces tecum the employee had served on the employer’s vocational expert seeking the production of certain documents. In two separate orders, the trial court declined to rule on the employer’s motion for partial summary judgment prior to the compensation hearing, and it declined to quash the subpoena duces tecum. The employer has appealed both orders, which we consolidated for purposes of this appeal. Upon careful consideration of the record and arguments of counsel, we affirm in part and vacate in part the trial court’s orders and remand the case.

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