ALISHA THOMAS v. FEDERAL EXPRESS CORP., ET AL. - Articles

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ALISHA THOMAS v. FEDERAL EXPRESS CORP., ET AL.

Posted by: Karen Belcher on Jul 8, 2020

Court: TN Workers Comp Appeals Board

Attorneys 1: Alisha Thomas, Memphis, Tennessee, employee-appellant, pro se

Attorneys 2: Stephen Vescovo, Memphis, Tennessee, for the employer-appellee, Federal Express Corp.

Judge(s): GODKIN

In 2017, the trial court approved a settlement of the employee’s claim that provided an original award of 45 weeks of benefits based upon a 10% medical impairment. At the expiration of the 45-week original benefit period, the employee filed a petition for increased benefits alleging she was permanently totally disabled or, alternatively, she was entitled to extraordinary benefits in accordance with Tennessee Code Annotated section 50-6-242(a)(2). The trial court conducted a hearing to determine whether the employee was entitled to increased benefits and concluded the employee was not permanently totally disabled and was not entitled to extraordinary benefits as provided in section 50-6- 242(a)(2). The court did, however, award additional disability benefits in accordance with Tennessee Code Annotated section 50-6-207(3)(B) based upon the employee not having returned to work at the expiration of the 45-week original benefit period. The employee has appealed but has not filed a transcript of the hearing or a joint statement of the evidence and has not identified any issues on appeal nor provided any legal argument addressing how she contends the trial court erred. Having carefully reviewed the record, we affirm the trial court’s decision and certify the trial court’s order as final.

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