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Posted by: Tanja Trezise on Apr 29, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

Beecher A. Bartlett, Jr. and Adam G. Russell, Knoxville, Tennessee, for the appellant, Cocke Farmers Cooperative.

Attorneys 2:

F. Braxton Terry, Morristown, Tennessee and W. Lewis Jenkins, Jr., Dyersburg, Tennessee, for the appellee, Jimmy Hensley.

Judge(s): SWINEY

This is a workers’ compensation settlement reconsideration case. Jimmy Hensley (“Employee”) was injured in April 2005. He was able to return to his pre-injury job and settled his claim for permanent disability benefits in November 2007. In May 2010, he was terminated by his employer, Cocke Farmers Cooperative (“Employer”). The minutes of Employer’s board of directors state that Employee was terminated without cause. Employee then sought reconsideration of the workers’ compensation settlement. Employer argued that Employee had been terminated for misconduct and, therefore, was not entitled to reconsideration. The Circuit Court for Cocke County (“the Trial Court”) granted Employee’s motion for partial summary judgment and then awarded additional permanent disability benefits after a hearing. Employer has 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.