Sonney Summers v. RTR Transportation Services et al.

Court Description:

Authoring Judge: Robert E. Lee Davies, Sr. Judge

Trial Court Judge: Judge Robert Durham

Employee Christine Summers was killed in the course and scope of her employment with

RTR Transportation Services. Employee's surviving spouse, Sonney Summers, filed a

claim for death benefits. The parties ultimately agreed that Mr. Summers was entitled to

death benefits. However, they disagreed regarding whether the death benefits should be

paid in a lump sum. They also disagreed regarding whether Mr. Summers's attorneys were

entitled to have their fees paid in a lump sum and whether attorneys' fees were recoverable

for burial expenses. The trial court determined that neither Mr. Summers's death benefits

nor the attorneys' fees should be commuted to a lump sum payment. The trial court also

found that attorneys' fees were not recoverable for burial expenses. The Workers'

Compensation Appeals Board affirmed. Employee has appealed, and the appeal has been

referred to the Special Workers' Compensation Appeals Panel for consideration and a

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

Rule 51. We affirm in part and reverse in part.