Dennis v. Erin Truckways, Ltd.

Summary

The Supreme Court of Tennessee held that a workers’ compensation settlement involving an unrepresented employee was properly set aside because statutory safeguards were not followed and the employee was not adequately informed of the scope of available benefits. The court also upheld the determination that Henry Dennis was permanently and totally disabled and addressed the calculation of his benefits. It further held that medically necessary wheelchair-accessible housing modifications could be required under the Workers’ Compensation Law, remanding for determination of the amount.

Holdings

1. The settlement was properly set aside because the statutory safeguards in Tennessee Code Annotated section 50-6-206 were not satisfied: the settlement was not approved by a court or pursuant to an agreement for department approval, the employee was not shown to have received substantially the benefits provided by the Workers' Compensation Law, and he was not thoroughly informed of the scope of available benefits, his rights, and the procedures necessary to protect those rights.
2. The thirty-day limitation in Tennessee Code Annotated section 50-6-206(a)(1) did not apply because the settlement was not approved by a court.
3. The evidence supported the determination that Dennis was permanently and totally vocationally disabled.
4. The trial court properly set Dennis's compensation rate at $387.39 per week.
5. The Workers' Compensation Law does not require an employer to pay the entire cost of wheelchair-accessible housing, but it does require the employer to pay for medically necessary modifications to make existing housing wheelchair-accessible.

Questions Presented

1. Whether the mediated workers' compensation settlement was invalid because statutory safeguards for an unrepresented employee were not satisfied.
2. Whether Dennis's petition to set aside the settlement was untimely.
3. Whether the trial court properly set aside the settlement without relying on Tennessee Rule of Civil Procedure 60.02.
4. Whether the evidence supported a finding that Dennis was permanently and totally disabled.
5. Whether the trial court properly calculated Dennis's weekly compensation rate at $387.39.
6. Whether Tennessee's Workers' Compensation Law requires the employer to pay for wheelchair-accessible housing or medically necessary modifications to make housing wheelchair-accessible.

Disposition

remanded