Brian Raines v. Vought Aircraft Industries, Inc. et al.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee filed this action for reconsideration of a 2006 workers’ compensation settlement pursuant to Tennessee Code Annotated section 50-6-241(d)(1)(B)(i)(2008). The settlementwas based on a 2005 injuryconsisting of lumbar disc herniations that resulted in a 12% anatomical impairment rating to the body as a whole. The employee made a meaningful return to work, and his recovery was therefore capped at 1.5 times the impairment rating—18%. The cited statute allows reconsideration when the employee is no longer employed by his pre-injury employer, as occurred in this case when his employer was acquired by another company in 2010. The trial court found the original settlement adequately compensated the employee for his vocational disability and declined to award additional benefits. We affirm the trial court’s judgment.