LLOYD MICHAEL HARRIS, JR. V. MASTEC NORTH AMERICA, INC., ET AL. - Articles

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Posted by: Landry Butler on Jan 9, 2018

Court: TN Workers Comp Appeals

Attorneys 1:

Clifford Wilson and Michelle D. Reid, Nashville, Tennessee, for the appellant, Mastec North America, Inc.

Attorneys 2:

Blakely D. Matthews and Pele I. Godkin, Nashville, Tennessee, for the appellee, Lloyd Michael Harris, Jr.

Judge(s): DAVIES

In March 2004, the trial court entered a final order finding the employee permanently and totally disabled and awarding benefits of $274.49 per week “until he is eligible for full benefits in the Old Age Insurance Benefit Program under the Social Security Act.” The trial court also ordered that 180 weeks of benefits and attorney’s fees would be paid to the employee in a lump sum. In May 2016, the employer filed a motion to amend, alleging that the order should have reflected the employee’s retirement age as sixty-five (65) and should have stated “with specificity when [the employer] shall receive a credit for the commuted portion of the award.” The trial court found that the motion was untimely and that, in any event, the final order provided the employee with weekly benefits “through the date of his eligibility for full benefits in the Old Age Insurance Benefit Program under the Social Security Act as of the date of the entry of the Final Judgment,” i.e., age sixty-seven (67). We affirm the trial court’s judgment.

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