Bain v. UTI Integrated Logistics LLCAnnotate this Case
The Supreme Court affirmed the judgment of the trial court finding, among other things, that Employee was not permanently and totally disabled after suffering an injury to her left shoulder and awarding temporary total disability benefits from the date of her left shoulder surgery through the date of her voluntary resignation, holding that the evidence supported the trial court's decisions.
Employee, who worked for Employer as a shuttle truck driver, sustained a compensable injury to her right shoulder and wrist in August 2010. For this injury Employee entered into a settlement agreement with Employer. After returning to work, in January 2013, Employee suffered an injury to her left shoulder. In March 2015, Employee voluntarily resigned. The trial court ruled (1) Employee was not permanently and totally disabled; (2) because of Employee's voluntary resignation, the 1.5 times cap applied for purposes of reconsideration of the 2010 injury and assessment of the 2013 injury; (3) Employee had a six percent medical impairment rating for the 2013 injury; (4) Employer was not responsible for expenses related to treatment Employee sought on her own; and (5) Employee was entitled to temporary total disability. The Supreme Court affirmed, holding that the evidence did not preponderate against the trial court's findings.
Authoring Judge: Senior Judge William B. Acree, Jr.
Trial Court Judge: Judge Charles C. McGinley
Deborah Bain ( Employee ) worked for UTI Integrated Logistics LLC ( Employer ) as a shuttle truck driver. She sustained a compensable injury to her right shoulder and right wrist in August 2010 and entered into a settlement agreement with Employer. After returning to work, she suffered an injury to her left shoulder in January 2013. The trial court found that Employee is not permanently and totally disabled, that the 1.5 times cap applies for purposes of both reconsideration of the August 2010 injury and assessment of the January 2013 injury, that she has a 6% medical impairment rating for the January 2013 injury, and that Employer is not responsible for expenses related to treatment she sought on her own. Employee has appealed these rulings. Employer has appealed the trial court’s award of further temporary total disability benefits. 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. We affirm the trial court’s judgment.