The Supreme Court Workers’ Compensation Panel has held that only the employee has the right to bring suit under 50-6-241(d)(1)(B)(iv) for reconsideration of permanent disability benefits. An employer and employee brought competing suits in different county courts following an unsuccessful BRC. The trial court dismissed the employer’s suit. The Supreme Court, per curiam, upheld the dismissal holding that under the language of the statute, only the employee has the right to file for reconsideration. Lojak Enter. v. Kanape, No. M2011-01525-WC-R3-WC (Tenn. May 10, 2012).
This gives the employee the choice of venue in a right to reconsideration action without the necessity of a race to the courthouse when the initial settlement was approved before the Department of Labor.