The opinion
FILED
Feb 10, 2022
07:00 AM(CT)
TENNESSEE COURT OF
TENNESSEE BUREAU OF WORKERS’ COMPENSATION WORKERS' COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
CLAIMS
AT MEMPHIS
LINDA WILLIAMS, Deceased, ) Docket No. 2021-08-0034
by LAWRENCE WILLIAMS, )
Surviving Spouse, )
) State File No. 115680-2020
v. )
METHODIST LEBONHEUR )
HEALTHCARE, ) Judge Deana Seymour
Employer. )
________________________________________________________________________
COMPENSATION ORDER
This is a death claim. The Court held a Compensation Hearing on January 24, 2022,
where the only issue was the maximum total death benefit due Lawrence Williams, Linda
Williams’s surviving spouse. Methodist contended the maximum total benefit was limited
to 450 weeks times Ms. Williams’s weekly compensation rate. For the reasons below, the
Court holds Mr. Williams is entitled to a maximum total benefit of $447,300.00.
History
Ms. Williams died from COVID-19 that she contracted at Methodist. Methodist
accepted the claim and negotiated a settlement directly with Mr. Williams. The Court
declined to approve the settlement because it did not provide Mr. Williams the maximum
total benefit for death cases. Methodist then filed a Petition for Benefit Determination, and
the case proceeded to this Compensation Hearing.
The parties stipulated that Ms. Williams’s average weekly wage was $616.40 and
based on that wage, the compensation rate was $410.93. They also agreed Mr. Williams,
as the sole dependent and surviving spouse, was entitled to weekly death benefits of
$308.20, or fifty percent of the average weekly wage. See Tenn. Code Ann. § 50-6-
210(e)(1) (2021).
The only issue was whether Methodist correctly calculated the maximum total
benefit payable to Mr. Williams as 450 weeks times Ms. Williams’s weekly compensation
rate of $410.93, or $184,918.50, as opposed to whether the maximum total benefit was 450
weeks times the state’s average weekly wage of $994.00 per week, or $447,300.
1
In declining to approve the settlement agreement, the Court concluded that the
correct maximum total benefit was $447,300. See Tenn. Code Ann. §§ 50-6-102(15)(D)
and 50-6-209(b)(3); Reynolds v. Free Serv. Tire Co., No. E2014-02233-SC-R3-WC, 2015
Tenn. LEXIS 734 (Tenn. Workers’ Comp. Panel Sept. 16, 2015). Methodist disagreed.
Methodist argued the logic of Reynolds was incorrect. In Reynolds, the Panel found
the Legislature amended the definition of “maximum total benefit” in 2009 to mean 400 1
weeks times the state average weekly wage, “detaching” the employee’s earnings from the
maximum benefit and making that benefit an “across the board” figure. Id. at *8. Methodist
said that analysis “ignored” the provisions of Tennessee Code Annotated section 50-6-
209(b)(1) governing the “maximum compensation” payable in death cases. Instead,
Methodist contended section 209(b)(1) provides that death benefits of sixty-six and two
thirds of the employee’s average weekly wages shall be paid to dependents “subject to the
maximum weekly benefit.”
In Methodist’s view, a “specific construction” of section 209 “clearly attaches” the
death benefits to the earnings of the deceased worker, subject to the maximum weekly
benefit. Also, because “maximum weekly benefit” is now defined in section
102(16)(A)(x) 2 as two-thirds of the employee’s average weekly wage “up to 100%” of the
state’s average weekly wage, that section also ties the maximum benefit to actual wages
rather than the maximum state wage.
Methodist further argued that Reynolds was designated “MAY NOT BE CITED,”
and that under Tennessee Supreme Court Rules 4(E), opinions so designated may not be
cited by any court or litigant except in very limited circumstances not applicable here.
Methodist pointed to a distinction in Rule 4 as to cases merely marked “unpublished,”
noting those might be considered “persuasive” authority.
Findings of Fact and Conclusions of Law
When construing any statute, the Court must “ascertain and give effect to the
intention or purpose of the legislature as expressed in the statute.” In re Adoption of A.M.H.,
215 S.W.3d 793, 808 (Tenn. 2007). Unless the language is ambiguous, the Court must
derive legislative intent “from the natural and ordinary meaning of the statutory language
within the context of the entire statute without any forced or subtle construction that would
extend or limit the statute’s meaning.” Id.
Section 209(b)(3) provides that death benefits “shall not exceed the maximum total
benefit[.]” Maximum total benefit is defined in section 102(D) as 450 weeks times the state
1
The section was amended to read 450 weeks in 2013, consistent with the value now given the body as a
whole.
2
The correct section governing injuries after “July 1, 2015” is codified at section 102(16)(A)(xi) and
provides the maximum weekly benefit is 110% of the state’s average weekly wage.
2
average weekly wage, which for Ms. Williams’s date of injury was $994 per week. The
definition now is the same as when the Panel decided Reynolds, and the Court finds that
logic persuasive here.
Contrary to Methodist’s argument, the Panel did not designate Reynolds as “Not for
Citation.” Rather, the Panel included this language: “THIS OPINION IS DESIGNATED
AS NOT FOR PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED
BY TENN. S. CT. RULE 4.” Under Supreme Court Rule 4(G)(1), the Court might consider
unreported decisions as persuasive authority. The Rule specifically states unpublished
Panel decisions “shall likewise be considered persuasive authority.”
For these reasons, the Court holds Mr. Williams is entitled to death benefits of
$447,300, 450 weeks of benefits at the state’s average weekly wage at the time of Ms.
Williams death.
IT IS THEREFORE ORDERED AS FOLLOWS:
1. Methodist shall pay Mr. Williams death benefits at the stipulated rate of $308.20
per week until it pays the maximum total benefit of $447,300, or until Mr. Williams
is no longer entitled to benefits.
2. Unless appealed, this order shall become final in thirty days.
3. The Court assesses the $150.00 filing fee against Methodist, for which execution
might issue as necessary. Methodist shall pay the filing fee to the Clerk within five
business days of the order becoming final.
4. Methodist shall file Form SD-2, Statistical Data form, with the Clerk within ten
business days of this order becoming final.
ENTERED February 10, 2022.
_______________________________
DEANA C. SEYMOUR, JUDGE
Court of Workers’ Compensation Claims
3
EXHIBITS
1. Petition for Benefit Determination
2. Joint Pre-Hearing Statement
3. Settlement documents
4. Dispute Certification Notice
CERTIFICATE OF SERVICE
I certify that a copy of this Compensation Order was sent on February 10, 2022.
Name Certified U.S. Email Service sent to:
Mail Mail
Lawrence Williams, X X X P. O. Box 40254,
Surviving Spouse Memphis, TN 38174
acoach51@gmail.com
Kevin Washburn, X kwashburn@allensummers.com
Employer
_____________________________________
Penny Shrum, Court Clerk
Court of Workers’ Compensation Claims
WC.CourtClerk@tn.gov
4
Compensation Hearing Order Right to Appeal:
If you disagree with this Compensation Hearing Order, you may appeal to the Workers’
Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’
Compensation Appeals Board, you must:
1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the
Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the
date the compensation hearing order was filed. When filing the Notice of Appeal, you
must serve a copy upon the opposing party (or attorney, if represented).
2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten
calendar days after filing of the Notice of Appeal. Payments can be made in-person at
any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the
alternative, you may file an Affidavit of Indigency (form available on the Bureau’s
website or any Bureau office) seeking a waiver of the filing fee. You must file the fully-
completed Affidavit of Indigency within ten calendar days of filing the Notice of
Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will
result in dismissal of your appeal.
3. You bear the responsibility of ensuring a complete record on appeal. You may request
from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court
reporter must prepare a transcript and file it with the court clerk within fifteen calendar
days of the filing the Notice of Appeal. Alternatively, you may file a statement of the
evidence prepared jointly by both parties within fifteen calendar days of the filing of the
Notice of Appeal. The statement of the evidence must convey a complete and accurate
account of the hearing. The Workers’ Compensation Judge must approve the statement
of the evidence before the record is submitted to the Appeals Board. If the Appeals
Board is called upon to review testimony or other proof concerning factual matters, the
absence of a transcript or statement of the evidence can be a significant obstacle to
meaningful appellate review.
4. After the Workers’ Compensation Judge approves the record and the court clerk transmits
it to the Appeals Board, a docketing notice will be sent to the parties. The appealing
party has fifteen calendar days after the date of that notice to submit a brief to the
Appeals Board. See the Practices and Procedures of the Workers’ Compensation
Appeals Board.
To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing
Order must be final and you must comply with the Tennessee Rules of Appellate
Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s
Order will become final by operation of law thirty calendar days after entry. See Tenn.
Code Ann. § 50-6-239(c)(7).
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.
NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
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Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
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