Tennessee Supreme Court
A trial court had granted Lang a permanent disability award for a hearing loss he allegedly sustained while working at Nissan’s plant in Tennessee. The award was granted based upon consideration of the statutorily required workers’ compensation factors designed to determine the extent of loss of earning capacity (age, education, transferable job skills and availability of employment, together with the impairment rating provided by the physicians and other testimony.)
Lang appealed and was awarded additional money by the appellate court. The court modified the trial court's judgment by quintupling the disability award, based almost exclusively on an assumption that Lang had lost the ability to "enjoy everyday activities."
In its brief, which urges the Supreme Court to overturn the intermediate court, the NFIB Legal Foundation argues that the appellate decision completely undermines the purpose of Tennessee’s workers’ compensation law, which is to provide compensation for loss of earning capacity. Workers’ compensation laws were designed to provide employees with immediate benefits for injuries sustained on the job and to insulate employers from future tort claims. The decision seeks to undue a compensation system that is a win-win for employers and employees.
Status: DECIDED. Amicus brief in support of Nissan filed Apr. 29, 2005. Oral argument held June 8, 2005. In an opinion filed on August 16, 2005, the Supreme Court unequivocally held that Tennessee workers' compensation law does not recognize claims for loss of enjoyment of life.
