Howard McAbee v. Crown Automotive Group, Inc., Et Al.

Howard McAbee (“Employee”) was employed by Crown Automotive Group, Incorporated, (“Employer”), as a courtesy van driver. On August 2, 2013, Employee sustained injuries to his hip when he fell to the ground during a scuffle with a co-worker. After the scuffle, Employer fired Employee and his co-worker. Employer denied Employee’s claim for workers’ compensation benefits asserting the injury did not arise out of the employment and the injury was caused by Employee’s misconduct. The trial court found that the injury was compensable as it arose out of and in the course of employment and that Employee was permanently and totally disabled. The trial court ordered Employer to pay Employee’s permanent disability benefits in a lump sum. Employer has appealed contending, the trial court erred by finding the case compensable; finding Employee permanently and totally disabled rather than limiting the award based on the statutory cap when there was misconduct; awarding a lump sum payment; and ordering Employer to pay medical expenses. The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.