Clayton v. Cookeville Energy, Inc.

824 S.W.2d 167, 1992 Tenn. LEXIS 43
CourtTennessee Supreme Court
DecidedJanuary 27, 1992
StatusPublished
Cited by6 cases

This text of 824 S.W.2d 167 (Clayton v. Cookeville Energy, Inc.) 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
Clayton v. Cookeville Energy, Inc., 824 S.W.2d 167, 1992 Tenn. LEXIS 43 (Tenn. 1992).

Opinion

OPINION

ANDERSON, Justice.

In this worker’s compensation death case, the sole issue is whether the trial court abused its discretion in commuting the surviving spouse’s death benefits into a lump sum. After an evidentiary hearing, the trial court found commutation to a lump sum was in the best interest of the surviving spouse. Our review of the record shows the trial court did not abuse its discretion. We, therefore, affirm.

On November 10, 1990, Douglas Wayne Clayton died when the truck he was driving overturned and burned. At the time of his death, the decedent was working for the defendant, Cookeville Energy, Inc., which was insured for worker’s compensation by the defendant, Federated Insurance Company. The decedent was survived by his wife, Loretta Clayton, the plaintiff, and their two minor children, Christopher, aged 10, and Michael, aged 2.

The defendants agreed that as a result of her husband’s death, the plaintiff and her dependent children were entitled to maximum worker’s compensation benefits in the amount of $109,200.00, plus funeral expenses not exceeding $3,000.00. The parties could not, however, agree upon how the benefits were to be apportioned and whether the plaintiff’s share should be commuted to a lump sum.

After a hearing on November 28, 1990, the trial court ruled that the plaintiff and her two minor children should receive equal shares of the $109,200.00, or $36,400.00 each. The order provided that the children’s shares be paid in periodic payments to be held in trust until each child reached their 18th birthday. With respect to the plaintiff’s share, the trial court found that a lump sum payment would be in the best interest of the plaintiff and her minor children, and that she had demonstrated the required ability to wisely manage and control a lump sum, pursuant to Tenn.Code Ann. § 50-6-229(a) (Supp.1990).

COMMUTATION OF DEATH BENEFITS

In determining whether to commute an award to lump sum, “the trial court shall consider whether the commutation will be in the best interest of the employee, and such court shall also consider the ability of the employee to wisely manage and control the commuted award, irrespective of whether there exists special needs.” Tenn.Code Ann. § 50-6-229(a).

We have said in the past that:
[T]his statute vests discretion in the trial court to permit or to refuse commutation of an award into a lump sum. Smith v. Gallatin Nursing Home, Tenn., 629 S.W.2d 683 (1982); Kelley v. 3-M Co., Tenn., 639 S.W.2d 437 (1982). But, as we have held in a different context, the discretion thus vested in the trial judge is not absolute but is a judicial one which is reviewable in the appellate courts and may be reversed if the appellate court finds that the decision of the trial court was an abuse of judicial discretion. State v. Grear, Tenn., 568 S.W.2d 285, 286 (1978).

Fowler v. Consolidated Aluminum Corp., 665 S.W.2d 713, 714 (Tenn.1984).

The defendants argue commutation is an exception to the statutory scheme which contemplates substitution of periodic benefits for the employee’s regular wage, and that this proposition applies to death benefits as well as disability benefits. The de[169]*169fendants also argue that both the employer and the dependent children have interests which must be balanced against the plaintiff’s, because of the statutory termination of periodic benefits if the plaintiff should remarry. Finally, the defendants contend that the evidence fails to support commutation of the award.

On the other hand, the plaintiff contends the evidence demonstrates that the trial court correctly concluded that a lump sum award is in her best interest, and that she is capable of wisely managing and controlling a commuted award. In addition, she contends it was error for the trial court to consider the receipt of social security benefits in determining whether to commute her benefits to a lump sum.

This Court has long recognized that lump sum awards are an exception to the general purposes of our worker’s compensation law. Valles v. Daniel Construction Co., 589 S.W.2d 911, 912 (Tenn.1979); Reece v. York, 199 Tenn. 592, 288 S.W.2d 448, 450 (Tenn.1956). Accordingly, we have repeatedly held that commutation should occur only in exceptional circumstances and not as a matter of course. See, e.g., Williams v. Delvan Delta, Inc., 753 S.W.2d 344, 349 (Tenn.1988); Van Hooser v. Mueller Co., 741 S.W.2d 329, 330 (Tenn.1987). Moreover, commutation of an award of periodic payments should not be ordered perfunctorily without careful inquiry by the trial judge as to all the facts and circumstances. Smith v. Gallatin Nursing Home, 629 S.W.2d 683, 685 (Tenn.1982).

As we have recently pointed out, the import of the 1990 amendment to § 50-6-229(a) is to eliminate the threshold inquiry into whether the employee has demonstrated a special need. The amendment does not specify what factors are to be considered in meeting the two-prong test (best interest and wise management of the commuted award), so the courts are called upon to exercise their discretion on an ad hoc basis. North American Royalties, Inc. v. Thrasher, 817 S.W.2d 308 (Tenn.1991). With a proper factual basis, this Court has approved lump sum awards in the past for the purpose of allowing an injured employee to purchase a home. See Burris v. Cross Mountain Coal, 798 S.W.2d 746 (Tenn.1990); Clark v. National Union Fire Ins. Co., 774 S.W.2d 586, 590 (Tenn.1989); Kelley v. 3-M Co., 639 S.W.2d 437, 439-40 (Tenn.1982); Smith, supra, 629 S.W.2d at 685. Since the 1990 amendment, we have also approved a partial lump sum award so that the employee could retain existing housing. Harness v. CNA, 814 S.W.2d 733, 736 (Tenn.1991).

The evidence at the commutation hearing establishes, and the defendants concede, the plaintiff’s ability to wisely manage and control the commuted award. Accordingly, we look to the other prong of the two-prong test, the best interest of the plaintiff, to determine if the record supports the action of the trial court.

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Bluebook (online)
824 S.W.2d 167, 1992 Tenn. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-cookeville-energy-inc-tenn-1992.