Vulcan Materials Company v. Christopher Dale Watson

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer claims that the trial court erred (1) in finding work-related disability from aggravation of a back problem, (2) in denying reimbursement of overpayment of temporary total disability benefits by the Second Injury Fund, and (3) in ordering the employer to pay the employee's attorney's fees. We affirm in part and reverse in part. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Davidson County Chancery Court is affirmed in part and reversed in part. HOWELL N. PEOPLES, SP. J., in which FRANK F. DROWOTA, III, CHIEF JUSTICE., and JOHN A. TURNBULL, SP. J. joined. D. Brett Burrow, Gordon C. Aulgur, Brewer, Krause & Brooks, Nashville, Tennessee, for the Appellant Vulcan Materials Company. Jay R. Slobey, Blackburn & McCune, Nashville, Tennessee, for Christopher Dale Watson. 1 MEMORANDUM OPINION Facts On October 29, 1999, Vulcan Materials Company ("Vulcan") filed a complaint seeking a determination that Christopher Dale Watson was not entitled to workers' compensation benefits for an alleged injury on January 27, 1999. Mr. Watson counter-claimed, alleging a disabling injury to his back in the course and scope of his employment. On December 1, 1999, a Workers' Compensation Specialist in the Tennessee Department of Labor issued an order directing Vulcan to provide medical treatment to Mr. Watson and to pay: Temporary Total Disability benefits for periods of time for which there is medical documentation of TTD disability. The continuation of payment of temporary total disability and medical benefits shall not be terminated by the Employer/Carrier unless an Order Terminating Benefits is issued by a Workers' Compensation Specialist or such benefits are terminated by a court of proper jurisdiction. Vulcan paid temporary total disability benefits to Mr. Watson as ordered until January 4, 22, when, pursuant to a Motion to Discontinue Temporary Total Disability Benefits filed December 21, 21, the trial court ordered that such payments be immediately discontinued. Following a trial on December 2, 22, the trial court issued a bench opinion in which it found that (1) Mr. Watson was only entitled to temporary total disability benefits for the time periods of February 9, 1999 through April 15, 1999 and February 2, 2 through March 21, 2, (2) since the employer had paid temporary total disability benefits from October 1, 1999 through January 4, 22, Vulcan should recover the overpayment from the Second Injury Fund pursuant to Tenn. Code Ann. _ 5-6-238(b), (3) Mr. Watson was entitled to 22 percent permanent partial disability to the body as a whole, and (4) Mr. Watson's attorney should be awarded a fee of 2 percent. A judgment reflecting the findings of the trial court was entered. Vulcan filed a motion to alter or amend the final judgment to allow an offset because the permanent partial disability award of $29,415.4 was less than the overpayment of temporary total disability in the amount of $43,736.73. The trial court granted the offset and then ordered the Second Injury Fund to reimburse Vulcan for the overpayment. The Second Injury Fund filed a motion stating that it was not a party to the suit and asked to be heard on the matter of the reimbursement. On February 21, 23, the trial court found that its order granting Vulcan's request for reimbursement of the overpayment of temporary total disability benefits by the Second Injury Fund was not permitted under the statutes because the employee's injury was found to be "compensable." The trial court found that Vulcan was entitled to credit for the overpayment of temporary total benefits and that Mr. Watson was entitled to no additional payment for permanent partial disability. The trial court ordered Vulcan to pay $5,883. (2 percent of the 2