DYSON-KISSNER-MORAN CORPORATION v. GERRY SHAVERS

Court Description:

Authoring Judge: JUDGE KRISTI M. DAVIS

Trial Court Judge: JUDGE JEFFREY HOLLINGSWORTH

Gerry Shavers ("Employee") worked for Dyson-Kissner-Moran Corporation d/b/a Burner

Systems International, Inc. ("Employer"), as a senior manufacturing engineer. In 2008,

he developed symptoms of carpal tunnel syndrome. His claim was accepted as

compensable. He continued to work at the same job until August 2009, when he was

terminated for violation of company policy. The primary issue at trial was whether his

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

impairment cap set out in Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008).

Finding that the cap applied because Employee was terminated for misconduct, the trial

court awarded permanent partial disability benefits of 46.5% to the body as a whole.

Judgment was entered in accordance with the trial court's findings, and Employee 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. We affirm the judgment.