Valesia Kennard v. Mid-South Transportation Management, Inc., et al.

To resolve Employee’s workers’ compensation claim, Employee and Employer entered
into a “doubtful and disputed” settlement agreement under the Tennessee Workers’
Compensation Law, Tennessee Code Annotated section 50-6-240(e). Employee then
brought a tort action against Employer in relation to the same injuries. Employee moved
for partial summary judgment that the exclusive remedy provision did not bar her tort
claim, relying on the agreement’s silence as to the issue of compensability. The trial court
granted the motion, finding the injuries to not be compensable, such that Employee was
not limited to workers’ compensation remedies. Because such settlements are clearly
provided for by statute, we conclude that the parties’ agreement amounts to a workers’
compensation remedy. Thus, we determine that Employee’s tort action is barred by the
exclusive remedy provision and the trial court’s judgment must be reversed.