Juanita I. Kirk v. St. Michael Motor Express, Inc.

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) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law.  The employee, Juanita Kirk, sustained a compensable injury and her claim was settled. The settlement was approved by the trial court based upon an affidavit executed by the employee.  Several months later, Ms. Kirk filed a motion pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, seeking to set aside the settlement on the basis of fraud, that it was approved without Ms. Kirk having personally appeared before the court, and that it did not afford to Ms. Kirk substantially the benefits to which she was entitled. After an evidentiary hearing, the trial court found that Ms. Kirk had not sustained her burden with regard to the issue of fraud and denied the motion. She has appealed from that order. Although we agree that the evidence supports the trial court’s conclusion on the issue of fraud, we find that there were “other reason[s] justifying relief from the operation of the judgment.” Tenn. R. Civ. Proc. 60.02(5). We therefore reverse the trial court’s judgment and remand the case for additional proceedings.