Mark Willett v. United Parcel Service

This 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) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law. It involves a delivery driver who asserts that he sustained two work-related back injuries in 1999. Following surgery in 2002, the delivery driver’s surgeon assigned him a twenty-eight percent impairment and opined that the 1999 injuries had exacerbated a pre-existing back condition. The delivery driver later filed a complaint seeking benefits under the Workers’ Compensation Law in the Circuit Court for Davidson County. Following a bench trial, the trial court awarded the delivery driver sixty percent permanent partial disability and temporary total disability from March 2000 to September 2004. The trial court also directed the delivery driver’s employer to pay some of his medical expenses. On this appeal, the employer asserts that the trial court erred (1) by admitting the second deposition of the delivery driver’s surgeon, (2) by finding that the delivery driver had sustained a permanent impairment as a result of his work-related injuries, (3) by awarding the delivery driver temporary total disability benefits, and (4) by requiring it to pay a part of the delivery driver’s medical expenses. For his part, the delivery driver asserts that the trial court erred by failing to award him some of his claimed medical expenses and for declining to impose a bad faith penalty against the employer. We have determined that the award of temporary total disability benefits should be reduced and that the medical expenses awarded by the trial court should be paid directly to the providers rather than in a lump sum to the delivery driver. Therefore, we affirm the judgment as modified by this opinion.