Tara Marshall v. Mueller Company, et al. - Articles

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Posted by: Chandra Williams on Jul 11, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Jeffrey W. Rufolo, Chattanooga, Tennessee, for the employee-appellant, Tara Marshall

Attorneys 2:

Joseph R. White, Chattanooga, Tennessee, for the employer-appellee, Mueller Company

Judge(s): HENSLEY

In this appeal of the trial court's compensation hearing order, the employee challenges the trial court's denial of an increase in the employee's permanent partial disability benefits following a court-approved settlement agreement. At all relevant times, the employee continued to work for the employer. At the time of her injury, the employee's hourly wage included a summer hours' bonus. However, when the period of compensation set out in the settlement agreement ended in October 2015, the employee's hourly rate of pay no longer included the bonus. Relying on Tennessee Code Annotated section 50-6-207(3)(B) (2015), the employee contends the wages she received at the end of the period of compensation reflected in the settlement agreement were less than her wages at the time of her injury, entitling her to increased benefits. The trial court found the employee was not entitled tb increased benefits, and the employee has appealed. Having carefully reviewed the record, we affirm the trial court's decision and certify the order as final.