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Argo v. Brentwood Services Administrators11/12/2002
the aggregate, amount to a sum of all future installments of compensation. In determining whether to commute an award, the courts must consider (1) whether the commutation will be in the best interest of the employee, and (2) the ability of the employee to wisely manage and control the commuted award. Tenn. Code Ann. ยง 50-6-229(a). Whether to commute a workers' compensation award to a lump sum is discretionary with the trial court, and the trial court's decision will not be disturbed on appeal unless the trial court's decision amounted to an abuse of discretion. Edmonds v. Wilson County, 9 S.W.3d 106, 109 (Tenn. 1999). From our independent examination of the record, we cannot say the trial court abused its discretion by commuting the award to a lump sum.
For the above reasons, the judgment of the trial court is affirmed. Costs on appeal are taxed to The Local Government Workers' Compensation Fund.
JUDGMENT
This case is before the Court upon 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 Memorandum Opinion of the Panel should be accepted and approved; 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.
Costs will be paid by The Local Government Workers' Compensation Fund, for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
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