The Estate of Mary Ellen Reagan v. Tennplasco, et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court awarded lump sum benefits. On appeal, a previous workers’ compensation appeals panel reversed and remanded for further proceedings. The Employee died for reasons unrelated to the injury, while the appeal was pending. The trial court modified its previous award and again commuted the amount to a lump sum. The Second Injury Fund has appealed, contending that the trial court erred by awarding benefits in excess of those which had accrued prior to the Employee’s death. We agree, modify the judgment accordingly, and remand to the trial court for the calculation of the benefits payable to the Estate.