Stanley Franklin v. Vought Aircraft Industries, Inc. et al.

After the employee sustained a compensable injury to his low back which required surgery, he returned to work. The company for which he worked was sold to another entity after the date of injury but before the employee’s return to work. At trial, both parties agreed that the one and one-half times multiplier cap did not apply because the sale of the company was a “loss of employment” for the purposes of Tennessee Code Annotated section 50-6241(d). At trial, the employee was awarded 78% permanent partial disability, the maximum permitted under law, based on an anatomical rating of 13%. The employer has appealed and is contending that the award is excessive. 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 in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment.