Peace v. Easy Trucking Co.
This case addresses the calculation of permanent partial disability awards for employees over age 60 under Tennessee's Workers' Compensation Act. The Supreme Court of Tennessee was asked to determine if such awards should be calculated as a percentage of 400 weeks, with a cap at 260 weeks, or as a percentage of 260 weeks. The Court held that awards are properly calculated at 400 weeks, capped at 260 weeks, for employees over 60. Additionally, the Court considered the application of Tenn.Code Ann. § 50-6-242, which allows awards exceeding the statutory 'multiplier' provision of Tenn.Code Ann. § 50-6-241(b) if supported by clear and convincing evidence. The case was remanded to the trial court for specific documentation of the clear and convincing evidence supporting an award in excess of the multiplier provision.