In this workers’ compensation case, the employee sustained a compensable shoulder injury. She alleged that she sustained an additional injury to her back as a result of medical treatment for the shoulder injury. Her employer denied that claim. A settlement of both claims was approved by the Department of Labor. The settlement agreement stated that the back injury was being settled on a disputed claim basis, pursuant to Tennessee Code Annotated section 50-6-206(b). The employee returned to work for her employer for approximately three years. She was unable to satisfy her production quota and was eventually terminated for that reason. She sought reconsideration of both claims in the trial court. The trial court held that reconsideration of the back injury claim was barred by the terms of the settlement. It denied reconsideration of the shoulder injury claim because her
termination was for “misconduct.” Employee has appealed, contending that the trial court erred.1 We affirm the judgment.
Case Number
M2007-01940-WC-R3-WC
Originating Judge
Judge Barbara Haynes
Case Name
Yvonne Pigg v. Liberty Mutual Insurance Co., et al.
Date Filed
Dissent or Concur
No
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