MARVIN WINDOWS OF TENNESSEE, INC. v. JAMES GARDNER - Articles

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Posted by: Tanja Trezise on Jun 8, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Spencer R. Barnes, Jackson, Tennessee, for the appellant, James R. Gardner.

Attorneys 2:

Amber E. Luttrell and Hailey H. David, Jackson, Tennessee, for the appellee, Marvin Windows of Tennessee, Inc.

Judge(s): CHILDRESS

The employee was injured in 2007 and returned to work for his pre-injury employer. The employee’s claim was settled in November 2007 and was subject to the one and one-half times impairment cap set out in Tennessee Code Annotated section 50-6-241(d)(1)(A). In July 2009, the employee was diagnosed with cancer, and he took a medical leave of absence. The employee remained on leave for over one year. The employer’s policy permitted one year of medical leave. When the employee was unable to return to work in July 2010, he was terminated pursuant to that policy. The employee then sought reconsideration of the November 2007 settlement. The trial court found that the employee was not eligible for reconsideration. The employee has appealed, contending that the trial court’s ruling was erroneous. We affirm the judgment of the trial court.