Dorothy Wilkins v. The Kellog Company
Dorothy Wilkins, an employee of The Kellogg Company, sustained a right shoulder injury and was placed on light duty, which reduced her work hours but not her hourly wage. The trial court awarded her temporary partial disability benefits based on her 'average weekly wage.' Kellogg appealed, arguing that the relevant statute for temporary partial disability should calculate benefits based on the difference between the hourly wage at the time of injury and the hourly wage earned while partially disabled. The Tennessee Supreme Court reversed the trial court's decision, holding that the statutory language for temporary partial disability benefits does not incorporate the 'average weekly wage' concept. Consequently, Wilkins was found not entitled to temporary partial disability benefits because her hourly wage remained unchanged.