JEFF KING v. GERDAU AMERISTEEL US, INC. - Articles

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Posted by: Tanja Trezise on Jul 30, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Michael L. Mansfield, Jackson, Tennessee, for the appellant, Gerdau Ameristeel US, Inc.

Attorneys 2:

Spencer R. Barnes, Jackson, Tennessee, for the appellee, Jeff King.

Judge(s): HARRIS

An injured employee returned to work for his pre-injury employer. The employee was moved to a different area and worked fewer overtime hours because of his medical restrictions. The trial court held that the employee did not have a meaningful return to work pursuant to Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008) and awarded permanent partial disability benefits in excess of one and one-half times the anatomical impairment. The employer appealed. We hold that the employee had a meaningful return to work and that Tennessee Code Annotated section 50-6-241(d)(1)(A) limits the employee’s recovery to one and one-half times the anatomical impairment. We therefore modify the judgment of the trial court.

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