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David Hickman, an employee of Continental Baking Company, sustained a cervical spine and shoulder injury in 1994. He filed a tort action against APV Baker, Inc., which settled for $552,000, and a workers' compensation suit against Continental. The trial court initially found Continental not entitled to reimbursement but a credit against future liability of $7,041.45, and awarded 11% permanent partial disability. On appeal, the Supreme Court modified the vocational disability award to 70% permanent partial disability, equating to $107,181.20, with a remaining benefit of $90,338.44. The Court also ruled that Continental is entitled to a subrogation lien of $84,216.74 for benefits previously paid and a credit against future liability of $283,783.26 from Hickman's third-party recovery. However, this credit does not apply to unknown future medical expenses. The Court further held that Continental must pay $49,103 for Dr. Bonati’s medical treatment, which will then be added to its subrogation lien, and reimburse Hickman $28,072.25 for a proportionate share of his attorney's fee from the third-party action. The overall judgment was affirmed in part and reversed in part, with the case remanded.
Hickman v. Continental Baking Co. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
David Hickman, an employee of Continental Baking Company, sustained a cervical spine and shoulder injury in 1994. He filed a tort action against APV Baker, Inc., which settled for $552,000, and a workers' compensation suit against Continental. The trial court initially found Continental not entitled to reimbursement but a credit against future liability of $7,041.45, and awarded 11% permanent partial disability. On appeal, the Supreme Court modified the vocational disability award to 70% permanent partial disability, equating to $107,181.20, with a remaining benefit of $90,338.44. The Court also ruled that Continental is entitled to a subrogation lien of $84,216.74 for benefits previously paid and a credit against future liability of $283,783.26 from Hickman's third-party recovery. However, this credit does not apply to unknown future medical expenses. The Court further held that Continental must pay $49,103 for Dr. Bonati’s medical treatment, which will then be added to its subrogation lien, and reimburse Hickman $28,072.25 for a proportionate share of his attorney's fee from the third-party action. The overall judgment was affirmed in part and reversed in part, with the case remanded.
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