JAMES D. CLAY v. AT&T MOBILITY SERVICES, LLC - Articles

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JAMES D. CLAY v. AT&T MOBILITY SERVICES, LLC

Posted by: Tanja Trezise on Aug 8, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Charles E. Pierce, Knoxville, Tennessee, for the appellant, AT&T Mobility Services, LLC.

Attorneys 2:

Bill Easterly and Craig P. Glenn, Nashville, Tennessee, for the appellee, James D. Clay.

Judge(s): HARRIS

In this case, an employee sought reconsideration of his workers’ compensation settlement after being terminated by his employer. The employer contended that the termination was for misconduct, and the employee was, therefore, not eligible for reconsideration in accordance with Tennessee Code Annotated section 50-6- 241(d)(1)(B)(iii)(b)(2008). The trial court found that the employee was not terminated for misconduct, was eligible for reconsideration, and awarded additional permanent partial disability benefits. The employer has appealed, contending that the evidence preponderates against the trial court’s finding of the employee’s eligibility for reconsideration. In the alternative, it argues that the award of additional benefits was excessive and that the trial court failed to make specific findings of fact to support the award, as required by section 50-6-241(d)(2)(B)(2008). The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.

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