Young v. Caradon Better-Bilt

Following her termination for excessive absences and tardiness, the employee filed an action pursuant to Tenn. Code Ann. § 50-6-241(a)(2) seeking reconsideration of her 1996 workers' compensation award. The employer argued that reconsideration was not appropriate under the statute because the employee's termination was not causally connected to her initial work-related injury. The trial court rejected the employer's argument and entered a judgment awarding the employee an additional five percent (5%) permanent partial disability. The employer appealed the trial court's decision, and the Special Worker's Compensation Appeals Panel held that the trial court had erred in increasing the initial award because the employee had failed to prove that her termination was causally connected to her initial work-related injury. Thereafter, we granted the employee's motion for full Court review and now reject the findings and conclusions of the Panel. We conclude that Tenn. Code Ann. § 50-6-241(a)(2) does not require the employee to prove that the initial work-related injury caused the loss of employment as a precondition to obtaining reconsideration. Accordingly, we affirm the judgment of the trial court. Tenn. Code Ann. § 50-6-225(e)(5)(B) Appeal; Findings of Fact and Conclusions of Law of the Special Workers' Compensation Appeals Panel Rejected; Judgment of the Trial Court Affirmed.