Dorothy Wilkins v. The Kellog Company

This workers’ compensation case presents the question of how a “temporary partial disability”
benefits award, as defined in Tennessee Code Annotated section 50-6-207(2), is calculated. The trial court held that an award is calculated based on the employee’s “average weekly wage,” which is the measure of benefits for the other categories of disability listed in the Workers’ Compensation Law (“temporary total disability,” “permanent total disability,” and “permanent partial disability”). The employer appealed this decision to the Special Workers’ Compensation Appeals Panel. The case was transferred to the full Supreme Court before the Panel handed down its decision. We now reverse the trial court and hold that the express terms of the statute indicate that a temporary partial disability award has a unique method of calculation, based on “the difference between the wage of the worker at the time of the injury and the wage such worker is able to earn in such worker’s partially disabled condition.” Tenn. Code Ann. § 50-6-207(2). This method does not include the average weekly wage definition. Under the correct calculation, the plaintiff in this case is not entitled to any temporary partial disability benefits. The award of $3,258.20 is accordingly reversed and the cause remanded to the trial court. Appeal pursuant to Tenn. Code Ann. § 50-6-225(e); Judgment of the Circuit Court Reversed and Remanded.