Nutt v. Champion International Corp.

              IN THE SUPREME COURT OF TENNESSEE
                         AT NASHVILLE




                                           FILED
                                   FOR PUBLICATION
                                          December 7, 1998
                                   Filed: December 7, 1998
                                          Cecil W. Crowson
                                         Appellate Court Clerk


FAY THOMAS NUTT,              )
                              )
     PLAINTIFF/APPELLEE,      )    WAYNE CHANCERY NO. 8926
                              )
v.                            )    Hon. Jim T. Hamilton, Chancellor
                              )
CHAMPION INTERNATIONAL        )    No. 01S01-9705-CH-00114
CORPORATION,                  )
                              )
     DEFENDANT/APPELLANT.     )




FOR APPELLANT:                FOR APPELLEE:

P. ALLEN PHILLIPS             WM. LANDIS TURNER
JACKSON                       HOHENWALD




                      OPINION



TRIAL COURT AFFIRMED AS MODIFIED                       HOLDER, J.
                                     OPINION



       We granted this appeal to determine whether an employer is entitled to an

offset of long-term disability payments against a workers’ compensation award

for permanent total disability. A 1996 amendment to Tenn. Code Ann.

§ 50-6-114 permits offsets against workers’ compensation benefits for payments

made to an employee under an employer-funded disability plan. The plaintiff’s

injury pre-dated the effective date of the statute. We hold that the amendment is

not retroactive and the employer is not entitled to an offset in this case.



                                  BACKGROUND



       The facts are not in dispute. Fay Thomas Nutt was employed by

Champion International Corporation when he fell on November 15, 1990, injuring

himself. The parties agree Mr. Nutt sustained a work-related injury leaving him

permanently disabled. The parties also agree that he is entitled to the maximum

benefit of $109,200 pursuant to Tenn. Code Ann. § 50-6-102(a)(6)(A).



       From the date of injury to February 3, 1993, Mr. Nutt received $31,550.61

in temporary total disability benefits pursuant to the Workers’ Compensation Act.

From February 1993, through the November 26, 1996 trial, he received long-

term disability benefits totaling $31,285 under a long-term disability plan offered

by Champion.



       The parties have agreed that the $109,200 in workers’ compensation

benefits should be reduced by $31,550.61, the amount of the temporary total

disability benefits Champion has already paid. Champion contends that the




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benefit amount should be further reduced by $31,285, the amount of benefits

paid under the employer-provided, long-term disability plan.



         At the time of Mr. Nutt’s injury, he participated in a union-negotiated, long-

term disability plan offered by Champion. The long-term disability plan was the

result of an agreement reached between the Local 193 U.P.I.U. and Champion

on February 7, 1990. The plan was optional for employees; participating

employees paid one-half of one percent of their hourly base pay into the plan.

Mr. Nutt chose to participate in the program and had regular salary deductions.

Champion described the employee contribution as an administrative fee paid in

order to operate the program.



         On March 9, 1993, Mr. Nutt filed an action in Wayne County Chancery

Court seeking disability benefits. Champion argued that a 1996 amendment to

Tenn. Code Ann. § 50-6-114(b) should apply, allowing a set-off against the

workers’ compensation benefits for the amount Champion has already paid.



         A hearing was held on November 26, 1996. The chancellor applied Tenn.

Code Ann. § 50-6-114(b) and found that the plan was not entirely employer

funded because the participating employees paid one-half of one percent of the

costs of the disability plan. Accordingly, the chancellor found that the contract

provision allowing the offset violated public policy and held that Champion was

not entitled to an offset of $31,285.00.1



         The Special Workers’ Compensation Appeals Panel of the Tennessee

Supreme Court reversed. The panel determined that the amended statute was


         1
           After the chancellor’s judgment, the parties entered a partial satisfaction of judgment
showing that Champion had paid $37,091.51 of permanent total disability, $9,272.88 in attorneys'
fees o n the u ncon tested portion of the ju dgm ent, an d $1,1 87 in dis cretion ary cos ts to M r. Nutt's
cou nse l.

                                                     3
applicable and held that the collective bargaining agreement controlled. The

panel held that the employer is entitled to an offset for payment of long-term

disability payments against the court award of workers’ compensation benefits.

Upon review, we reverse.



                          RETROACTIVITY OF STATUTE



         We must first determine whether the amended statute, Tenn. Code Ann.

§ 50-6-114(b), is applicable to Mr. Nutt’s case. Since we are dealing exclusively

with conclusions of law, our standard of review on appeal is de novo without a

presumption of correctness. Presley v. Bennett, 860 S.W.2d 857, 859 (Tenn.

1993).



         The amended statute in question took effect July 1, 1996, after the injury

occurred in this case. The provision states:



         (b) However, any employer may set off from temporary total,
         temporary partial, and permanent partial and permanent total
         disability benefits any payment made to an employee under an
         employer funded disability plan for the same injury, provided that
         the disability plan permits such an offset. Such an offset from a
         disability plan may not result in an employee receiving less than the
         employee would otherwise receive under the Workers’
         Compensation Law. In the event that a collective bargaining
         agreement is in effect, this provision shall be subject to the
         agreement of both parties.



Tenn. Code Ann. § 50-6-114(b).



         This statute was codified in response to this Court’s opinion in McCaleb v.

Saturn Corp., 910 S.W.2d 412 (Tenn. 1995). In McCaleb, we held that an

employer was not entitled to an offset based upon Tenn. Code Ann.

§ 50-6-114(a) which states:

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       Supremacy of chapter -- No contract or agreement, written or
       implied, or rule, regulation or other device, shall in any manner
       operate to relieve any employer in whole or in part of any obligation
       created by this chapter except as herein provided.



This Court reasoned that public policy would not support “any agreement which

would reduce an employer’s liability for permanent disability benefits under the

Act.” McCaleb, 910 S.W.2d at 416.



       The Tennessee Constitution states, “That no retrospective law, or law

impairing the obligations of contracts, shall be made.” Tenn. Const. art. 1, § 20.

Statutes are presumed to operate prospectively unless the legislature clearly

indicates otherwise. Shell v. State, 893 S.W.2d 416, 419 (Tenn. 1995); Kee v.

Shelter Ins., 852 S.W.2d 226, 228 (Tenn. 1993); State v. Defriece, 937 S.W.2d

954, 957 (Tenn. Ct. App. 1996), per. app. denied (Tenn. 1997). The 1996

amendment to Tenn. Code Ann. § 50-6-114 does not include a provision making

subsection (b) retroactive.



       Generally, the statute in effect at the date of the worker’s injury governs

the rights of the parties under workers' compensation law absent an indication of

the legislature’s contrary intent. Presley, 860 S.W.2d at 860, n.2; Oliver v. State,

762 S.W.2d 562, 566 (Tenn. 1988). An exception to the prospective-only

application exists for statutes which are remedial or procedural in nature. Shell,

893 S.W.2d at 419; Kee, 852 S.W.2d at 228; Defriece, 937 S.W.2d at 957-58.

Statutes deemed remedial or procedural apply retrospectively to causes of action

arising before such acts became law and to suits pending when the legislation

took effect.



       A procedural or remedial statute is one that does not affect the vested

rights or liabilities of the parties. Shell, 893 S.W.2d at 416. A procedural statute

                                         5
is one that addresses the mode or proceeding by which a legal right is enforced.

Saylors v. Riggsbee, 544 S.W.2d 609, 610 (Tenn. 1976) (citing Jones v. Garrett,

192 Kan. 109, 386 P.2d 194, 198-199 (1963)). Remedial statutes are defined

as “[l]egislation providing means or method whereby causes of action may be

effectuated, wrongs redressed and relief obtained . . . .” Defriece, 937 S.W.2d at

958 (citations omitted). “Statutes that create a new right of recovery or change

the amount of damages recoverable are, however, deemed to have altered the

parties vested right and thus are not considered remedial.” Shell, 893 S.W.2d at

420 (citing Anderson v. Memphis Hous. Auth., 534 S.W.2d 125, 127-28 (Tenn.

Ct. App. 1975)).



      We find that the amendment to Tenn. Code Ann. § 50-6-114 is neither

remedial nor procedural. The amendment affects the substantive rights of the

employee by allowing offsets to the workers’ compensation award. While the

employee may receive payments from both disability plans and workers'

compensation, the amendment guarantees that the employee will not receive

less than what is due him under the workers’ compensation law. The

amendment also indicates that a collective bargaining agreement, if present, will

control the manner of payment.



      Since the amended statute is not retroactive, the only provision in effect at

the time of Mr. Nutt’s injury was subsection (a). That section does not provide

for offsets. Therefore, Champion is not entitled to an offset of $31,285 against

Mr. Nutt’s workers’ compensation award.



      The ruling of the chancellor is affirmed for the reasons stated.




                                        6
                               JANICE M. HOLDER, JUSTICE



Panel:

Anderson, C.J.
Drowota and Barker, J.J.

Birch, J., Not Participating




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