Freeman v. Marco Transportation Co.

27 S.W.3d 909, 2000 Tenn. LEXIS 520
CourtTennessee Supreme Court
DecidedSeptember 18, 2000
StatusPublished
Cited by64 cases

This text of 27 S.W.3d 909 (Freeman v. Marco Transportation Co.) 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
Freeman v. Marco Transportation Co., 27 S.W.3d 909, 2000 Tenn. LEXIS 520 (Tenn. 2000).

Opinion

OPINION

HOLDER, J.,

delivered the opinion of the court,

in which ANDERSON, C.J., and DROWOTA, and BIRCH, JJ., joined.

We granted this appeal to determine whether an action filed pursuant to Tenn. Code Ann § 50-6-241(a)(2) requesting reconsideration of a workers’ compensation award must be filed in the court in which the original workers’ compensation claim was decided. We hold that a request for reconsideration must be filed in the court that originally exercised jurisdiction over the workers’ compensation claim.

On February 12, 1996, the chancery court of Knox County approved the settlement of a workers’ compensation claim of Lloyd Freeman (Freeman) against Marco Transportation Company and Liberty Mutual Insurance Company (defendants). In February 1997, Freeman filed a complaint seeking additional workers’ compensation *911 benefits pursuant to Tenn.Code Ann. § 50-6-241(a)(2). 1 The new complaint was filed in the circuit court of Knox County. The circuit court awarded an additional $43,332.80 in workers’ compensation benefits.

The defendants appealed, contending that Freeman was required to file his § 241(a)(2) action in the chancery court of Knox County, the court that had approved the original settlement. A majority of the Special Workers’ Compensation Appeals Panel agreed that the action was improperly filed in the circuit court and dismissed the suit. The majority stated, however, that “[njothing herein should be construed to prevent the plaintiff from pursuing his claim in the court which approved the original settlement.” We granted review.

ANALYSIS

Tennessee Code Ann § 50-6-241(a)(2) provides, in pertinent part:

In accordance with this section, the courts may reconsider upon the filing of a new cause of action the issue of industrial disability. Such reconsideration shall examine all pertinent factors, including lay and expert testimony, employee’s age, education, skills and training, local job opportunities, and capacity to work at types of employment available in claimant’s disabled condition. Such reconsideration may be made in appropriate cases where the employee is no longer employed by the pre-injury employer and makes application to the appropriate court within one (1) year of the employee’s loss of employment,....

Id. (emphasis added).

Freeman properly filed a new cause of action requesting a reconsideration of the previous settlement. The new cause of action was filed in a circuit court and not in the chancery court that had approved the settlement. The plaintiff contends that the phrase “the appropriate court” means any court that could properly exercise jurisdiction over the “new cause of action.” The filing of a workers’ compensation suit is governed generally by Tenn. Code Ann. § 50-6-225. Tennessee Code Ann. § 50 — 6—225(c)(1) provides that a petition may be filed in “either the circuit, criminal or chancery court of the county in which the petitioner resides or in which the alleged accident happens.”

The defendants contend that the phrase “the appropriate court” suggests that there is but one appropriate court— the court originally approving the settlement. Moreover, the term “reconsideration” suggests that a court is reconsidering its own- previously entered order. The defendants point to a similar issue decided under a different statute, Tenn.Code Ann. § 50-6-231, and argue that we should rely upon Gould, Inc. v. Barnes, 498 S.W.2d 623 (Tenn.1973), to conclude that the original chancery court was the proper court in which to file this action.

Issues of statutory construction are questions of law and shall be reviewed de novo without a presumption of correctness. See Beare Co. v. Tennessee Dep’t of Revenue, 858 S.W.2d 906, 907 (Tenn.1993). This Court’s role in statutory interpretation is to ascertain and to effectuate the legislature’s intent. See State v. Sliger, 846 S.W.2d 262, 263 (Tenn.1993). Generally, legislative intent shall be derived from the plain and ordinary meaning of the statutory language when a statute’s language is unambiguous. See Carson Creek Vacation Resorts, Inc. v. Department of Revenue, 865 S.W.2d 1, 2 (Tenn.1993). If a statute’s language is expressed in a manner devoid of ambiguity, courts are not at liberty to depart from the statute’s words. See Id. Accordingly, courts are restricted to the “natural and ordinary” meaning of a *912 statute unless an ambiguity necessitates resorting elsewhere to ascertain legislative intent. Austin v. Memphis Publ’g Co., 655 S.W.2d 146, 149 (Tenn.1983).

The statute employs the terms “reconsider” and “reconsideration.” “Reconsider” means “to consider again,” especially “with intent to modify an earlier decision.” Webster’s II New College Dictionary 927 (1995). Black’s Law Dictionary states that “reconsideration” implies “a different decision by the entity which initially decided it.” Black’s Law Dictionary 1272 (6th ed.1990); cf. Lester Witte & Co. v. Pate, 158 Ga.App. 204, 279 S.E.2d 501, 502 (1981) (“reconsider” means “to consider again; to review with care, especially with a view to a reversal of previous action”). We find the language of Tenn.Code Ann. § 50-6-241 to be unambiguous. By employing the term “reconsider,” it is evident that the legislature regarded a request for reconsideration brought pursuant to Tenn.Code Ann. § 50-6-241(a)(2) as a continuation of the original workers’ compensation claim. Furthermore, as the defendant points out, the statutory language “application to the appropriate couH” clearly indicates there is but one court in which the motion is appropriate—the court that originally heard the settlement. See 82 Am.Jur.2d Workers’ Compensation § 651 (1992) (the court having jurisdiction to secure compensation is usually empowered to reopen or modify its awards); 101 C.J.S. Workmen’s Compensation

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Bluebook (online)
27 S.W.3d 909, 2000 Tenn. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-marco-transportation-co-tenn-2000.