ULYSSES STRAWTER v. MUELLER COMPANY

Court Description:

Authoring Judge: JUDGE KRISTI M. DAVIS

Trial Court Judge: JUDGE PAMELA A. FLEENOR

Ulysses Strawter ("Employee") was injured on August 11, 2012, in the course of his

employment with Mueller Company ("Employer"). After several months of temporary

disability, he returned to work at his pre-injury job. Subsequently, his position was

eliminated. He remained with Employer but was assigned to a lower-paying job. He

filed an action for workers' compensation benefits in the Chancery Court for Hamilton

County. The trial court held that Employee had a meaningful return to work and that his

award of permanent disability benefits was limited to one and one-half times the

impairment rating. Between the trial and the filing of the court's decision, Employee

returned to his previous job at a wage higher than his pre-injury wage. The trial court's

decision was not appealed. During the months after entry of judgment, Employee was

re-assigned to a lower paying position. He filed a petition for reconsideration. The trial

court held that Employee was entitled to reconsideration and awarded additional

permanent disability benefits in a stipulated amount. Employer has appealed. The appeal

has been referred to the Special Workers' Compensation Appeals Panel for a hearing and

a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court

Rule 51. The judgment of the trial court is affirmed.