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Posted by: Stacey Shrader Joslin on Jul 10, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Acting Solicitor General; and Eric A. Fuller, Assistant Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Rocky McElhaney and Landon P. Lackey, Nashville, Tennessee, for the appellee, Charlie McRae.

Judge(s): LEE

A corrections officer for the Tennessee Department of Corrections (“TDOC”) was assaulted in the course and scope of his work by an inmate. His workers’ compensation claim for post-traumatic stress disorder (“PTSD”) was settled and approved. The next month, the employee resigned from TDOC and began working at a local county jail. Thereafter, he filed a petition for reconsideration of his settlement based on his resignation. The State contended that his resignation was voluntary and not related to his work injury. The Claims Commission ruled that his resignation was reasonably related to his work injury and awarded additional disability benefits. The State has appealed. Pursuant to Tennessee Supreme Court Rule 51, the appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment of the Claims Commission.