Danny Dew v. Rees-Memphis, Inc., et al.

An employee filed this action, seeking to compel his former employer to pay for a surgical procedure pursuant to the medical provision of a settlement approved by the Department of Labor and Workforce Development. The trial court granted the employer’s motion to dismiss on the ground that the action was barred by the one-year statute of limitations contained in Tennessee Code Annotated § 50-6-224(a)(3). The employee has appealed, arguing that § 50-6-224 does not apply to actions for post-judgment medical treatment. The employer seeks an award of attorney’s fees pursuant to Tennessee Code Annotated § 20-12-119. 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.