JOHN F. OLDHAM v. FREEMAN WEBB COMPANY REALTORS - Articles

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Posted by: Azya Thornton on Nov 8, 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: Freeman Webb Company Realtors d/b/a Sunnybrook Andrew J. Roberto, Knoxville, Tennessee, for the employee-appellee, John F. Oldham.

Judge(s): WEAVER

This compensation appeal is the second appeal in this matter and raises an issue of first impression regarding statutory interpretation. The employee suffered an injury to his foot and leg in October 2020, which resulted in a court-approved settlement in April 2022 for an “original award” of permanent disability benefits. After the expiration of the initial period of compensation, the employee filed a petition for increased benefits, extraordinary relief, or permanent total disability benefits. The employer initially denied that the employee was entitled to increased benefits due to its contention that other, non-work- related conditions were the primary cause of the employee’s current condition and work restrictions. Later, the employer filed a motion for partial summary judgment, arguing that the employee could not be deemed permanently totally disabled because the court had previously approved a settlement and entered a judgment for permanent partial disability. At that time, the trial court declined to hear the motion for partial summary judgment, concluding that it was akin to a bifurcated trial, which is disfavored in workers’ compensation cases. The employer appealed that order, and we concluded it is within a trial court’s discretion whether and at what point in the course of litigation to entertain a pre-trial motion. However, we vacated the court’s order to the extent it suggested the court could not entertain a motion for partial summary judgment addressing a question of law prior to a compensation hearing. On remand, the court again declined to hear the motion for partial summary judgment until the day of the compensation hearing. Following the hearing, the court denied the motion for partial summary judgment and awarded permanent total disability benefits. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm in part, reverse in part, and modify in part the trial court’s order, and we certify the modified order as final.

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