Opinion

Dingus, Gary v. GRAND PIANO AND FURNITURE COMPANY

  • 2024 TN WC 87
Court
Tennessee Court of Workers' Compensation Claims
Filed
Dec 10, 2024
Status
Published
On the bench
Addington
Cited by
0 cases
Authority
More cited than 33.3%

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.

2

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:

Mail

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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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