Workers’ Comp Reconsideration – When does the Limitations Period Start?

Under T.C.A. § 50-6-241, employees with disability awards limited by a post-injury return to work may have those awards reconsidered if their employment ends within 200 to 400 weeks of their return to work date (depending on injury date and body parts involved).  A recent decision clarifies when the 200- to 400-week period begins.

In Brown v. Vintec, 2012 WL 3061026 (Tenn. WC Pan. July 27, 2012), the employee (Brown) sustained a low back injury in 1999, treated, and was released for work in August 2000.  Brown initially returned to work with his pre-injury employer (Vintec) in August 2000.  He later had severe muscle spasms related to the initial injury and was off work May through July 2001.  The injury claim was settled in July 2001 within the applicable 2.5 times impairment cap, preserving reconsideration rights.  Brown returned to work in August 2001 and worked until permanent layoff in December 2008.

Brown filed for reconsideration of the 1991 injury and 2001 settlement after the 2008 layoff.  Vintec disputed the reconsideration on several grounds, including that the loss of employment came more than 400 weeks after his August 2000 return to work.  Brown argued that his return to work occurred in August 2001 within the 400-week period to allow reconsideration.   The trial court agreed with Vintec that Brown’s return to work was in August 2000.  More importantly, the trial court found that Brown’s later time off work and even his additional temporary disability did not re-start the return to work date.

On appeal, Brown attempted to incorporate the “meaningful return to work” concept into his reconsideration claim, contending that his August 2000 return was not meaningful because the doctors later took him off work for back spasms related to his work injury.  However, the appeals panel concluded the statutory phrase “day the employee returned to work” was unambiguous and the “meaningful return” concept did not apply to reconsideration claims.  The panel noted that an employee could return to work for many weeks before the work might be determined to be meaningful, but the date when the employee returned to work was plain.  Thus, the actual date when Brown returned to work controlled, despite a later period off work.  Because Brown’s actual return to work was in August 2000, his 400-week reconsideration period ended before his layoff.

Tags: employment