Timothy L. Harrison v. Peterbilt Motors Company,

In this appeal, the employee was on lay-off status at the time of the initial award of 5% vocational disability (2 _ times the medical impairment rating). The employee filed a complaint for reconsideration shortly after he participated in a walk-through at the plant and after which the employer found that there were no jobs available within the employee's medical restrictions. The employee contends that the trial court erred in dismissing his complaint for reconsideration of an original award which he contends was granted under Tenn. Code Ann. _ 5-6-241(a)(1) and that, because his employer retains him on lay-off status but has not returned him to work, he is now eligible for reconsideration under Tenn. Code Ann. _ 5-6-241(a)(2). The trial court dismissed the complaint finding the facts not sufficient to institute a new cause of action under the statute. The panel concluded that the judgment of the trial court should be affirmed.