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State Automobile Mutual Insurance Co. v. Hurley12/7/2000
SION
Tennessee's workers' compensation law provides to injured workers medical, disability, and death benefits, each of which is defined by statute. If the trial court were authorized to order the employer to pay medical expenses directly to the employee and to allow the employee to retain the difference between the amount billed and the amount accepted by the health care provider, the result would provide an additional benefit to the employee not authorized by statute.
This panel is mindful that Tenn. Code Ann. § 50-6-116 directs the law "be given an equitable construction by the courts" and of the numerous decisions that direct the courts to construe the workers' compensation law liberally and to resolve any doubt in favor of the employee. Ingram v State Industries, Inc., 943 S.W.2d 381 (Tenn. 1995). However, we find to affirm the trial court's order would be to ignore Tenn. Code Ann. § 50-6-204(a)(1) and Staggs v. National Health Corp., 924 S.W.2d 79 (Tenn. 1996).
The judgment of the trial court which ordered the plaintiff, State Auto, to pay medical expenses directly to the defendant, Natalie Hurley, is reversed. The panel overrules defendant's motion for frivolous appeal. The defendant, Natalie Hurley, is taxed with the costs of this appeal.
ORDER
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
It is the Court's recommendation that the opinion of the Special Workers' Compensation Appeals Panel be published.
Costs will be paid by Natalie Hurlie, for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
Holder, J. - Not Participating
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