Linda Princinsky v. Premier Manufacturing Services, Inc. et al.

This is the second appeal in this matter. In the first appeal, the Special Workers’ Compensation Appeals Panel affirmed the trial court’s judgment finding the employee permanently and totally disabled. The Panel held, however, that the trial court’s judgment should be reduced by the 272 weeks of benefits the employer had previously paid the employee. Therefore, the Panel remanded the case to the trial court for entry of a judgment consistent with its opinion. On remand, the trial court applied the 272-week credit as the Panel had directed. The trial court also reapportioned liability and modified the date on which the employee’s permanent total disability benefits began to accrue. The trial court’s modification effectively increased the employee’s award from the 496.86 weeks it had awarded the employee in the original appeal to 697.14 weeks. Employer has appealed, contending that the reapportionment of liability and the modification of the date upon which benefits accrued conflict with the mandate of the previous appeal. We conclude that employer’s contentions are correct and reverse the trial court’s judgment.