Herbert Wayne Ralston v. The Aerostructures Corporation and Zurich American Insurance Company

Case Number
M2005-01369-WC-R3-CV

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employee contends that the trial court erred by applying the 2.5 multiplier cap to the employee’s vocational disability award pursuant to Tenn. Code. Ann.§ 50-6-241(a)(1). The employer contends that it should not be required to pay post-judgment interest on the award and that the employee’s appeal is frivolous. We affirm the trial court’s application of the cap. We further find that the employee is entitled to statutory postjudgment interest on the award. Finally, we conclude that the appeal is not frivolous.

Authoring Judge
Special Judge Jeffrey S. Bivins
Originating Judge
Chancellor Robert E. Corlew, III
Case Name
Herbert Wayne Ralston v. The Aerostructures Corporation and Zurich American Insurance Company
Date Filed
Dissent or Concur
No
Download PDF Version