IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
FILED
December 7, 1998
FAY THOMAS NUTT, ) No. 01S01-9705-CH-00114
) Cecil W. Crowson
PLAINTIFF/APPELLEE, ) Appellate Court Clerk
)
v. ) WAYNE CHANCERY NO. 8926
)
CHAMPION INTERNATIONAL )
CORPORATION, )
) TRIAL COURT AFFIRMED
DEFENDANT/APPELLANT. ) AS MODIFIED
JUDGMENT
This cause came on to be heard upon the record on appeal from the
Special Worker’s Compensation Appeals Panel, and the briefs and argument of
counsel; and upon consideration thereof, this Court is of the opinion that the
1996 amendment to Tenn. Code Ann. § 50-6-114 of the Workers’ Compensation
Act is not retroactive and the employer is not entitled to an offset against the
worker’s compensation award in this case.
In accordance with the opinion filed herein, it is, therefore, ORDERED
AND ADJUDGED by this Court that the judgment of the Wayne County
Chancery Court holding that the 1996 amendment was applicable but the
employer was not entitled to an offset be and the same is hereby affirmed as
modified.
The costs of this appeal are taxed to the defendant, for which execution
may issue if necessary.