Tucker, William v. LU, Inc.
The Tennessee Court of Workers' Compensation Claims issued an order amending a previous Expedited Hearing Order concerning temporary total disability benefits. The employer, LU, Inc., sought to alter the order, asserting they had paid the employee, William Tucker, his full wages until February 16, 2024, negating the need for the previously ordered lump-sum payment. Mr. Tucker concurred that no past temporary disability benefits were due until that date. Referencing Tennessee Code Annotated section 50-6-207, the Court determined that while an employer can receive credit for wages paid, this credit cannot exceed the employee's compensation rate. Consequently, the Court vacated the prior order for past temporary disability benefits by agreement, and mandated LU or its carrier to commence weekly benefit payments of $1,065.41 from February 17, 2024, until Mr. Tucker reaches maximum medical improvement or returns to work.