Harold W. Ferrell, Sr. v. Cigna Property & Casualty Ins. Co., et al

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. Section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellants, APAC-Tennessee, Inc. and Cigna Property & Casualty Insurance Co., contend that the trial court erred in finding that the plaintiff was twenty percent (2%) vocationally disabled and awarding him permanent partial disability benefits totaling $39,36.. They argue that the plaintiff could not be vocationally disabled because prior to his injury he had already planned to retire as a result of a preexisting arthritic condition. In other words, since the plaintiff had decided to stop working, he should not recover benefits which relate to future employability and earning capacity. We reject this argument for the reasons stated below, and affirm the judgment of the trial court in its entirety.