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Posted by: Brittany Sims on Dec 31, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Terri Smith Crider and Kyle C. Atkins, Humboldt, Tennessee, for the appellants, McEvoy Funeral Home, Inc. and Auto Owners Insurance Company.

Attorneys 2:

Julie A. Reasonover, Nashville, Tennessee, for the appellee, Gary Collier.

Judge(s): GIBSON

A funeral director sustained injuries to his shoulder and back while assisting with carrying a casket. His injury was accepted as compensable. Within a few days, he submitted a letter of resignation to his employer. After recovering from his injuries, he filed this action seeking permanent disability benefits. He also sought reconsideration of a previous settlement pursuant to Tennessee Code Annotated section 50-6-241(d). His employer asserted that the employee was not entitled to reconsideration of the earlier settlement and that any award for his later injury was subject to the one and one-half times impairment cap because of his voluntary resignation. The trial court found that the employee did not voluntarily resign, granted the petition for reconsideration, and awarded benefits for the second injury in excess of the cap. The employer appealed. 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 of the trial court.