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Scales v. City of Oak Ridge8/23/2001
This workers' compensation case presents several questions involving the calculation of an employee's benefits award and its apportionment between her employer and the Second Injury Fund, including a question involving the social security offset provision of Tennessee Code Annotated 50-6-207(4)(A)(i). The judgments of the trial court and the Special Workers' Compensation Appeals Panel involve numerous findings and holdings, discussed in detail below. After considering both judgments, and the applicable statutes and case law, we hold that: the employee sustained two separate injuries, each of which is separately compensable; the first injury, to her arms, is not subject to the 260 week cap in section 207(4)(A)(i) because it is an injury to a scheduled member; neither of the two awards is subject to the social security offset provision; the Second Injury Fund is responsible for 65% of 260 weeks of benefits for the permanent total disability award after the employer fully satisfies its obligation of 35% of that award; and the employer is responsible for the full amount of benefits relating to the employee's first injury. The effect of these holdings is to affirm in part and reverse in part the decision of the Panel. Appeal pursuant to Tenn. Code Ann. § 50-6-225(e);
Judgment of the Special Workers' Compensation Appeals Panel Affirmed in Part; Reversed in Part; Case Remanded to the Circuit Court
Frank F. Drowota, III, J., delivered the opinion of the court, in which Adolpho A. Birch, Jr., Janice M. Holder, and William M. Barker, JJ., joined. E. Riley Anderson, C.J., not participating.
OPINION
I. Background
The employee, Mattie L. Scales ("Scales"), who was seventy-two years old at the time of trial, had worked in the food service department of the City of Oak Ridge school system ("Oak Ridge") for forty-seven years. In early 1997, Scales developed pain and numbness in her hands and arms. She sought medical treatment and was diagnosed with carpal tunnel syndrome in both her hands, for which she required surgery. In January 1998, she returned to work. On April 14, while on the job , she tripped and fell, causing injury to her back. She sought treatment for this injury but was not able to return to work again. She received retirement benefits from the Tennessee Consolidated Retirement System in the amount of $962 per month. She did not apply for Social Security benefits, but instead drew such benefits from her deceased husband's account in the amount of $832 per month, which she believed was greater than what she would be eligible to receive in her own right.
Because of these injuries, Scales brought an action for workers' compensation benefits in the trial court. She filed two separate suits, one for the injury to her arms, the other for the injury to her back. The court consolidated these cases for one trial. After hearing medical evidence about Scales's injuries, the court awarded her 75% permanent partial disability to each arm; this equals 150 weeks of benefits per arm, i.e., 300 weeks. Regarding Scales's back injury, the court awarded her an additional permanent partial disability of 35% to the body as a whole. The court also determined that the combination of these two injuries rendered her totally and permanently disabled. Thus, the court found that Scales was entitled to "permanent total disability" benefits, and since she was over 60 years old when injured, these benefits were capped at 260 weeks. See Tenn. Code Ann. § 50-6-207(4)(A)(i). The total weeks of benefits awarded, therefore, was 560 (300 permanent partial for the first injury, plus 260 permanent total for the second injury). Finally, the court apportioned 25% of the permanent t
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