Cantrell v. Electric Power Board

811 S.W.2d 84, 1991 Tenn. LEXIS 198
CourtTennessee Supreme Court
DecidedMay 20, 1991
StatusPublished
Cited by3 cases

This text of 811 S.W.2d 84 (Cantrell v. Electric Power Board) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cantrell v. Electric Power Board, 811 S.W.2d 84, 1991 Tenn. LEXIS 198 (Tenn. 1991).

Opinion

OPINION

ANDERSON, Justice.

In this worker’s compensation action, the Chancellor awarded the employee permanent partial disability benefits, and denied a set-off to the employer for supplemental short-term disability benefits previously paid by a company-funded disability plan. The employer appeals, contending that the Chancellor erred in refusing to grant the set-off. For the reasons set out below, we affirm the Chancellor’s judgment.

The plaintiff, Jeffery L. Cantrell, age 32, had been employed for eleven years at the time of trial by the Electric Power Board of the Metropolitan Government of Nashville and Davidson County, d/b/a Nashville Electric Service (“NES”), as a mechanic. On March 6, 1987, the plaintiff sustained an injury in the course of his employment when he came into contact with Shell IV hydraulic fluid, which caused severe dermatitis on his hands and lower arms. As a result of that dermatitis and its complications, the plaintiff missed 177.5 days of work. When he returned to work in De[85]*85cember of 1987, he was transferred to the meter department at a lower rate of pay, because of restrictions placed upon his exposure to oil and grease associated with his former duties as a mechanic. His treating physician, Dr. Harwell, fixed his permanent partial disability at 35 percent to the body as a whole.

Pursuant to the terms of a disability plan funded entirely by NES, the plaintiff was paid short-term disability benefits in an amount equal to his full salary for the work days missed. These disability plan benefits totaled $17,982.00. Under the workers’ compensation law, plaintiff would have been entitled to $6,709.00 in temporary total disability benefits based on his rate of pay and the period of disability.

The plaintiff filed an action against NES seeking permanent partial disability benefits only. At trial, the Chancellor awarded permanent partial disability benefits, calculated at 35 percent to the body as a whole. Although the disability plan is silent about any right of set-off, NES argued that it was entitled to a set-off against permanent partial disability benefits in the amount of $11,273.00, which represented the difference between the amount it paid under its employer-funded disability plan, and the amount the employee would have received under workers’ compensation law in temporary total disability benefits. The Chancellor held the employer was not entitled to a set-off, because its payments in excess of its obligation for workers’ compensation benefits were voluntary.

The sole issue before the Court is whether NES is entitled to a set-off equal to the excess of short-term supplemental disability benefits paid pursuant to its employer-funded disability plan, over its workers’ compensation statutory liability for temporary total benefits, against a workers’ compensation award of permanent partial disability benefits.

Coincidentally, in a prior case involving the same employer and the same disability plan, Lovell v. Metropolitan Government (“Lovell I”), 696 S.W.2d 2 (Tenn.1985), despite the fact that there was no set-off provision in the employer-funded disability plan, we held that NES was entitled to a set-off of excess short-term disability payments, against its statutory liability for temporary total disability benefits. We reasoned that the set-off was necessary to encourage employers to make prompt payments of benefits. In an effort to relieve employees of the hardship of potential employer-delay, we restricted the parties’ freedom to contract for the payment of supplemental disability benefits without provision for set-off. On remand for determination of the appropriate amount of the set-off, NES argued that it was entitled to a judicially-imposed set-off, not only against its statutory liability for temporary total disability benefits, but also against its statutory liability for permanent disability benefits. The case returned to us, styled Lovell v. Nashville Electric Service (“Lovell II”), 733 S.W.2d 876 (Tenn.1987), raising the same issue as the present case. In Lovell II, we extended the “employer-delay” rationale to dispose of this question, by holding that excess temporary disability payments made pursuant to an employer-funded disability plan must be set off against permanent disability benefits due under the Workers’ Compensation Act. For the reasons set out below, we now believe that the result reached in Lovell II was wrong, and therefore, that case must be overruled.

In Simpson v. Frontier Community Credit Union, 810 S.W.2d 147 (Tenn.1991), we considered the “employer-delay” rationale, and found it unpersuasive in the context of an employer-funded supplemental disability plan which contained no set-off provision. We held:

Because we now recognize that the intentions and expectations of the parties as expressed in the employer-funded disability plan contract should control, to the extent Lovell v. Metropolitan Government (.Lovell I), 696 S.W.2d 2, requires judicial imposition of a set-off where the parties have not so agreed, that case is overruled.

Id., 810 S.W.2d at 152.

Once again, we find the employer-delay rationale unpersuasive. In the absence of a set-off provision in the disability plan, the [86]*86employee has a contractual right to supplemental short-term disability benefits pursuant to the employer-funded plan, and a statutory right to permanent disability benefits pursuant to the Workers’ Compensation Act. Because enforcement of the expectations of the parties as expressed in the disability plan contract will in no way encourage employers to delay payment of either benefit, we could overrule Lovell II and base our holding on the rationale that, as in Simpson, the intention of the parties should control. Unlike the issue of set-off of short-term disability plan benefits against temporary disability benefits which we considered in Simpson and Lovell I, however, the set-off of excess payments of short-term benefits against permanent disability benefits implicates certain fundamental public policy concerns. These concerns prompt us to hold that no set-off of short-term disability plan benefits against statutory permanent disability benefits may be imposed, regardless of the provisions of the employer-funded disability plan.

First, in Lovell II, we failed to consider the different purposes underlying temporary total disability and permanent disability benefits, as provided by the Workers’ Compensation Act. Temporary total disability benefits are designed to sustain the employee until maximum medical recovery is reached. Permanent disability benefits are designed to compensate the employee for loss of future earning capacity.

Tennessee Code Annotated, § 50-6-207 (Supp.1990), classifies compensable disabilities into four distinct categories: “(1) Temporary Total Disability; (2) Temporary Partial Disability; (3) Permanent Partial Disability; and (4) Permanent Total Disability.” We have consistently held that:

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811 S.W.2d 84, 1991 Tenn. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantrell-v-electric-power-board-tenn-1991.