The opinion
FILED
Dec 10, 2024
11:26 AM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT GRAY
GARY DINGUS, ) Docket Number: 2022-02-0435
Employee, )
v. )
GRAND PIANO AND FURNITURE )
COMPANY, ) State File Number: 80634-2021
Employer, )
)
ZURICH AMERICAN INSURANCE )
COMPANY, ) Judge Brian K. Addington
Carrier. )
ORDER GRANTING RULE 59.04 MOTION
AMENDING COMPENSATION ORDER
Mr. Dingus filed a motion under Rule 59.04 of the Tennessee Rules of Civil
Procedure to amend the Court’s June 5, 2024, Compensation Order. Specifically, Mr.
Dingus requests the Court amend the order to include an amortization clause for purposes
of Social Security benefits. For good cause shown, the Court grants Mr. Dingus’s motion.
The Court held a compensation hearing and entered judgment in favor of Mr.
Dingus. Grand Home appealed the order, and the Appeals Board certified it as final on
November 5. Mr. Dingus filed his Motion to Alter or Amend Court Order asking the court
to include specific language in its Order to allow a lifetime amortized offset of his Social
Security benefits by his permanent partial disability award. Specifically, Mr. Dingus
requested the following language:
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The Court finds as follows: (a) Employee is 50 years old; (b) according to
mortality tables from the United States Centers for Disease Control and
Prevention, employee’s life expectancy is 28.5 years or 342 months; and (c)
the awarded benefit amount minus attorney’s fees of $14, 615.69, and minus
expenses totaling $2,536.20, constitutes a total lump sum of $58,463.03, or
an amortized monthly benefit of $163.53, representing the maximum
monthly set-off for Social Security or other disability benefits under Tenn.
Code Ann. section 50-6-207. No representations or warranties were made to
employee concerning the Social Security Administration’s right to offset
benefits received by employee under this award and the workers’
compensation law.
Law and Analysis
The Tennessee Supreme Court addressed motions to alter or amend in Harris v.
Chern, 33 S.W.3d 741 (Tenn. 2000), “Rule 59.04 addresses final judgments and requires a
motion to alter or amend to be made within 30 days of the entry of judgment.”
Rule 59.04 of the Tennessee Rules of Civil Procedure states, “A motion to alter or
amend a judgment shall be filed and served within thirty (30) days after the entry of the
judgment.” Here, Mr. Dingus motioned the Court within the required deadline and although
Grand Home Furnishings objected, it did not provide any argument for why the language
should not be added to protect Mr. Dingus’s Social Security disability payments. Therefore,
the Court finds Mr. Dingus’s motion well taken and adopts the additional language as
requested.
IT IS, THEREFORE, ORDERED as follows:
1. The Court’s November 5, 2024 Compensation Order is hereby amended to
include the following: The Court finds as follows: (a) Employee is 50 years
old; (b) according to mortality tables from the United States Centers for
Disease Control and Prevention, employee’s life expectancy is 28.5 years or
342 months; and (c) the awarded benefit amount minus attorney’s fees of
$14, 615.69, and minus expenses totaling $2,536.20, constitutes a total lump
sum of $58,463.03, or an amortized monthly benefit of $163.53, representing
the maximum monthly set-off for Social Security or other disability benefits
under Tenn. Code Ann. section 50-6-207. No representations or warranties
were made to employee concerning the Social Security Administration’s
right to offset benefits received by employee under this award and the
workers’ compensation law.
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ENTERED December 10, 2024.
/s/ Brian K. Addington
______________________________________
BRIAN K. ADDINGTON, JUDGE
Court of Workers’ Compensation Claims
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on December 10, 2024.
Name Certified Fax Email Service sent to:
Michael Muncy, X mike@munseyinjurylaw.com
Employee’s Attorney jackie@munseyinjurylaw.com
Gerard Jabaley, X gjabaley@wimberlylawson.com
Employer’s Attorney aburge@wimberlylawson.com
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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