1 

TENNESSEE BUREAU OF WORKERS’ COMPENSATION 

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS 

AT MEMPHIS 

Coshando Stewart, Surviving Spouse

of Michael Stewart, Deceased

Employee,

)

) 

)

Docket No. 2023-08-1738

) State File No. 88231-2022

v. )

Memphis, Light, Gas and Water, )

Self-insured Employer. ) Judge Shaterra R. Marion

COMPENSATION ORDER AWARDING BENEFITS

Decision on the Record 

In this compensation hearing, the issue is the amount of attorney fees and whether 

they should be paid in a lump sum. Memphis Light Gas and Water opposed the amount of 

the requested fees and paying them in a lump sum. For the reasons below, the Court awards 

Ms. Stewart’s attorney the requested fees in a lump sum. 

History of Claim 

Michael Stewart died December 9, 2022, from electric shock. At the time of his 

death, Mr. Stewart was married to Coshando Stewart, his only dependent. 

Ms. Stewart retained Tim Williams Law Office, PLLC to represent her and entered 

into a written agreement for a 20% contingency fee. The parties mediated on April 14, 

2023, and 126 days after Mr. Stewart’s death, MLGW offered to pay Ms. Stewart the 

maximum total benefit of $504,450.00 and the burial expense of $10,000.00. 

The parties agreed that Ms. Stewart is entitled to the maximum compensation rate, 

$1,121.00 weekly, or $2,242.00 biweekly. MLGW has initiated death benefits, and Ms. 

Stewart will continue to be paid $2,242.00 biweekly. By January 19, 2024, Ms. Stewart 

will be paid all the benefits she is presently owed. 

Mr. Williams requested $49,324.00 in attorney’s fees and that the amount be paid 

in a lump sum. 

FILED

Dec 12, 2023

03:00 PM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
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Findings of Fact and Conclusions of Law 

Mr. Williams request for attorney’s fees of $49,324.00 is approximately 9.78% of 

the total award. The Court finds this amount reasonable. 

 In accident cases that result in death of an employee, the plaintiff’s attorney’s fees 

shall not exceed reasonable payment for actual time and expenses incurred when the 

employer makes a voluntary settlement offer in writing to dependents or survivors eligible 

under section 50-6-210 within thirty days of the employee’s death if the employer offers 

to the dependents all the benefits provided under the Workers’ Compensation Law. Tenn. 

Code. Ann. § 50-6-226(a)(3) (2023).

MLGW made a settlement offer 126 days after Mr. Stewart’s death; therefore 

section 50-6-226(a)(3) does not apply. Instead, section 50-6-226(a)(1) applies, which 

allows the trial Court to determine the reasonableness of an attorney’s fee. 

Mr. Williams submitted an affidavit supporting his fee, as it exceeded $10,000. 

Tenn. Code Ann. § 50-6-226(a)(2)(C). In his affidavit, he stated that he has practiced law 

since 2016, he expended extensive time and expense prosecuting the case, and he had a 

written agreement for fees and expenses. 

The Court finds these assertions support the requested fee. Specifically, the Court 

considers the factors in Tennessee Supreme Court Rule 8, RPC 1.5. The relevant factors 

here are the results obtained, the amount of work required, the customary fee in a written 

agreement, and counsel’s experience and reputation. Therefore, the requested fee is 

deemed reasonable. 

 Ms. Stewart requested that the $49,324.00 attorney’s fees be paid in a lump sum. 

The Workers’ Compensation Law states that attorney’s fees may be paid as a partial 

lump sum from any award when approved and ordered by the judge. Tenn. Code. Ann §

50-6-229(a). Although the trial court has discretion on whether to commute an award of 

attorney’s fees, the Tennessee Supreme Court has routinely commuted attorney’s fees to a 

lump sum. Summers v. RTR Transp. Servs. No. M2022-00084-SC-R3-WC, 2022 Tenn. 

LEXIS 409, at *12 (Tenn. Workers’ Comp. Panel Oct. 28, 2022). Further, the Tennessee 

Supreme Court also has made it clear that, in a death case, attorney’s fees may be paid in 

a lump sum. Id. 

Because the Tennessee Supreme Court has routinely commuted attorney’s fees to a 

lump sum, and the record includes no reason not to commute the attorney’s fees, the Court 

holds the requested fee should be paid in a lump sum. 
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IT IS, THEREFORE, ORDERED as follows: 

1. Mr. Williams’s $49,324.00 attorney’s fee is deemed reasonable and shall be paid in 

a lump sum. 

2. MLGW shall pay Ms. Stewart $2,242.00 biweekly until the maximum total benefit 

of $504,450.00 is reached or until Ms. Stewart is no longer entitled to benefits. 

3. MLGW shall pay the $150.00 filing fee to the Clerk within five business days of 

this order becoming final, for which execution might issue as necessary. 

4. MLGW shall file Form SD-2 with the Clerk within ten business days of this order 

becoming final. 

5. Unless appealed, this order shall become final thirty days after entry. 

ENTERED December 12, 2023. 

________________________________________ 

 Judge Shaterra R. Marion 

Court of Workers’ Compensation Claims 

Appendix

Exhibits 

1. Marriage License 

2. Death Certificate 

3. Mr. William’s Amended Affidavit 

Technical Record 

1. Petition for Benefit Determination 

2. Dispute Certification Notice 

3. Request for Compensation Hearing on the Record 

4. September 7, 2023, Status Hearing Order 

5. September 27, 2023, Status Hearing Order 

6. October 17, 2023, Status Hearing Order 

7. Employer’s Prehearing Brief 
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8. Employee’s Prehearing Brief 

9. Amended Stipulations Filed December 8, 2023 

CERTIFICATE OF SERVICE 

I certify that a copy of this Order was sent as indicated on December 12, 2023. 

Name Email Service sent to:

Timothy Williams, 

Employee’s Attorney

X williamstimothyj@bellsouth.net

Melanie Jayashankar,

Employer’s Attorney

X mjayashankar@wyattfirm.com

______________________________________ 

 PENNY SHRUM, COURT CLERK

 wc.courtclerk@tn.gov
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082 

NOTICE OF APPEAL 

Tennessee Bureau of Workers’ Compensation

www.tn.gov/workforce/injuries-at-work/ 

wc.courtclerk@tn.gov | 1-800-332-2667 

Docket No.: ________________________

State File No.: ______________________ 

Date of Injury: _____________________ 

___________________________________________________________________________ 

Employee

v.

___________________________________________________________________________ 

Employer

Notice is given that ____________________________________________________________________ 

[List name(s) of all appealing party(ies). Use separate sheet if necessary.]

appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the 

Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date filestamped on the first page of the order(s) being appealed):

□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________

□ Compensation Order filed on__________________ □ Other Order filed on_____________________

issued by Judge _________________________________________________________________________. 

Statement of the Issues on Appeal 

Provide a short and plain statement of the issues on appeal or basis for relief on appeal: 

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Parties

Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee 

Address: ________________________________________________________ Phone: ___________________ 

Email: __________________________________________________________ 

Attorney’s Name: ______________________________________________ BPR#: _______________________ 

Attorney’s Email: ______________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082 

Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________ 

Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee 

Appellee’s Address: ______________________________________________ Phone: ____________________ 

Email: _________________________________________________________ 

Attorney’s Name: _____________________________________________ BPR#: ________________________ 

Attorney’s Email: _____________________________________________ Phone: _______________________ 

Attorney’s Address: _________________________________________________________________________ 

* Attach an additional sheet for each additional Appellee *

CERTIFICATE OF SERVICE 

I, _____________________________________________________________, certify that I have forwarded a 

true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described 

in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this 

case on this the __________ day of ___________________________________, 20 ____. 

 ______________________________________________ 

[Signature of appellant or attorney for appellant]