VICTOR DUNN v. TRADESMEN INTERNATIONAL, INC. - Articles

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Posted by: Landry Butler on May 10, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

Richard Lane Moore, Cookeville, Tennessee, for the appellant, Tradesmen International, Inc.

Attorneys 2:

Robert Bates, Johnson City, Tennessee, for the appellee, Victor Dunn.

Judge(s): DAVIES

Victor Dunn (“Employee”), a Tennessee resident, was injured in Iowa while working for Tradesmen International, Inc. (“Employer”). Employer accepted the injury as compensable but disputed Tennessee’s jurisdiction over the claim, contended that any award of permanent disability benefits should be limited to one and one-half times the impairment rating, and disagreed with Employee’s calculation of his average weekly wage. The trial court held that it had jurisdiction, that the claim was not “capped,” and that Employee’s proposed average weekly wage was correct. It awarded permanent partial disability benefits of 25% to the body as a whole. Employer has appealed, arguing that the trial court’s ruling on the average weekly wage issue was incorrect.1 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.

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