TERRY FLATT v. ERMC - Articles

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Posted by: Tanja Trezise on Jan 10, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Jeffrey G. Foster and David E. Goudie, Jackson, Tennessee, for the appellant, ERMC.

Attorneys 2:

Edward L. Martindale, Jr., Jackson, Tennessee, for the appellee, Terry Flatt.


An employee sought reconsideration of his workers’ compensation settlement after his position was terminated due to a reduction in workforce. His employer subsequently offered employment to the employee on two occasions after his termination. His employer contended that the employee did not have a loss of employment. The trial court found that the employee was eligible for reconsideration and awarded additional benefits. The employer has appealed, contending that the trial court erred by finding that the employee was eligible for reconsideration. In the alternative, the employer contends that the trial court’s award was excessive. We affirm the judgment of the trial court.