Estate of Clarence Turnage, Et Al. v. Dole Refrigerating Co., Inc.

Court Description:

Authoring Judge: Chief Justice Jeffrey S. Bivins

Trial Court Judge: Judge Dale A. Tipps

On August 3, 2017, Clarence Turnage ( Employee ) died as a result of injuries arising out of and in the course of his employment with Dole Refrigerating Co., Inc. ( Employer ). Employee was unmarried at the time of his death, but resided with and had a child
out-of-wedlock with Megan Black. It was undisputed that this child, EJT, is entitled to workers’ compensation death benefits as a conclusively presumed wholly dependent child under Tennessee Code Annotated section 50-6-210(a)(2). Employee had two additional children out-of-wedlock, NRT and SMT, with another woman. However, prior to his death, Employee had surrendered his parental rights to NRT and SMT, and his mother had adopted these children. NRT and SMT sought workers’ compensation death benefits as either conclusively presumed wholly dependent children of Employee under Tennessee Code Annotated section 50-6-210(a)(2), or, alternatively, as partial dependents of Employee under Tennessee Code Annotated section 50-6-210(d). The Court of Workers’ Compensation Claims determined that NRT and SMT are not entitled to benefits as conclusively presumed wholly dependent children or as partial dependents. The court awarded EJT benefits equal to fifty percent (50%) of Employee’s average weekly wage. The court denied the motions of the guardians ad litem for EJT and for NRT and SMT for attorney’s fees and deferred any fee determination until after an appeal. NRT and SMT appealed the decision of the Court of Workers’ Compensation Claims. 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. We award attorney’s fees on appeal to the guardian ad litem for EJT and remand the case to the Court of Workers’ Compensation Claims for a determination of the amount of such fees, together with a determination of what, if any, fees are to be awarded to the guardians ad litem for the prior proceedings in that court.