1

TENNESSEE BUREAU OF WORKERS’ COMPENSATION

IN THE COURT OF WORKERS’ COMPENSATION CLAIMS

AT MEMPHIS

LINDA WILLIAMS, Deceased, ) Docket No. 2021-08-0034

by LAWRENCE WILLIAMS,

Surviving Spouse,

)

)

v.

METHODIST LEBONHEUR

HEALTHCARE, 

 Employer. 

)

)

)

)

)

State File No. 115680-2020

Judge Deana Seymour

________________________________________________________________________

COMPENSATION ORDER

This is a death claim. The Court held a Compensation Hearing on January 24, 2022, 

where the only issue was the maximum total death benefit due Lawrence Williams, Linda 

Williams’s surviving spouse. Methodist contended the maximum total benefit was limited 

to 450 weeks times Ms. Williams’s weekly compensation rate. For the reasons below, the 

Court holds Mr. Williams is entitled to a maximum total benefit of $447,300.00.

History

Ms. Williams died from COVID-19 that she contracted at Methodist. Methodist 

accepted the claim and negotiated a settlement directly with Mr. Williams. The Court 

declined to approve the settlement because it did not provide Mr. Williams the maximum 

total benefit for death cases. Methodist then filed a Petition for Benefit Determination, and 

the case proceeded to this Compensation Hearing. 

The parties stipulated that Ms. Williams’s average weekly wage was $616.40 and 

based on that wage, the compensation rate was $410.93. They also agreed Mr. Williams, 

as the sole dependent and surviving spouse, was entitled to weekly death benefits of 

$308.20, or fifty percent of the average weekly wage. See Tenn. Code Ann. § 50-6-

210(e)(1) (2021).

The only issue was whether Methodist correctly calculated the maximum total 

benefit payable to Mr. Williams as 450 weeks times Ms. Williams’s weekly compensation 

rate of $410.93, or $184,918.50, as opposed to whether the maximum total benefit was 450 

weeks times the state’s average weekly wage of $994.00 per week, or $447,300. 

FILED

Feb 10, 2022

07:00 AM(CT)

TENNESSEE COURT OF

WORKERS' COMPENSATION

CLAIMS
2

In declining to approve the settlement agreement, the Court concluded that the 

correct maximum total benefit was $447,300. See Tenn. Code Ann. §§ 50-6-102(15)(D) 

and 50-6-209(b)(3); Reynolds v. Free Serv. Tire Co., No. E2014-02233-SC-R3-WC, 2015 

Tenn. LEXIS 734 (Tenn. Workers’ Comp. Panel Sept. 16, 2015). Methodist disagreed.

Methodist argued the logic of Reynolds was incorrect. In Reynolds, the Panel found 

the Legislature amended the definition of “maximum total benefit” in 2009 to mean 4001

weeks times the state average weekly wage, “detaching” the employee’s earnings from the 

maximum benefit and making that benefit an “across the board” figure. Id. at *8. Methodist 

said that analysis “ignored” the provisions of Tennessee Code Annotated section 50-6-

209(b)(1) governing the “maximum compensation” payable in death cases. Instead, 

Methodist contended section 209(b)(1) provides that death benefits of sixty-six and two 

thirds of the employee’s average weekly wages shall be paid to dependents “subject to the 

maximum weekly benefit.” 

In Methodist’s view, a “specific construction” of section 209 “clearly attaches” the 

death benefits to the earnings of the deceased worker, subject to the maximum weekly 

benefit. Also, because “maximum weekly benefit” is now defined in section 

102(16)(A)(x)2 as two-thirds of the employee’s average weekly wage “up to 100%” of the 

state’s average weekly wage, that section also ties the maximum benefit to actual wages 

rather than the maximum state wage.

Methodist further argued that Reynolds was designated “MAY NOT BE CITED,”

and that under Tennessee Supreme Court Rules 4(E), opinions so designated may not be 

cited by any court or litigant except in very limited circumstances not applicable here. 

Methodist pointed to a distinction in Rule 4 as to cases merely marked “unpublished,” 

noting those might be considered “persuasive” authority. 

Findings of Fact and Conclusions of Law

When construing any statute, the Court must “ascertain and give effect to the 

intention or purpose of the legislature as expressed in the statute.” In re Adoption of A.M.H., 

215 S.W.3d 793, 808 (Tenn. 2007). Unless the language is ambiguous, the Court must 

derive legislative intent “from the natural and ordinary meaning of the statutory language 

within the context of the entire statute without any forced or subtle construction that would 

extend or limit the statute’s meaning.” Id.

Section 209(b)(3) provides that death benefits “shall not exceed the maximum total 

benefit[.]” Maximum total benefit is defined in section 102(D) as 450 weeks times the state 

1 The section was amended to read 450 weeks in 2013, consistent with the value now given the body as a 

whole.

2 The correct section governing injuries after “July 1, 2015” is codified at section 102(16)(A)(xi) and 

provides the maximum weekly benefit is 110% of the state’s average weekly wage.
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average weekly wage, which for Ms. Williams’s date of injury was $994 per week. The 

definition now is the same as when the Panel decided Reynolds, and the Court finds that 

logic persuasive here.

Contrary to Methodist’s argument, the Panel did not designate Reynolds as “Not for 

Citation.” Rather, the Panel included this language: “THIS OPINION IS DESIGNATED 

AS NOT FOR PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED 

BY TENN. S. CT. RULE 4.” Under Supreme Court Rule 4(G)(1), the Court might consider

unreported decisions as persuasive authority. The Rule specifically states unpublished 

Panel decisions “shall likewise be considered persuasive authority.” 

For these reasons, the Court holds Mr. Williams is entitled to death benefits of 

$447,300, 450 weeks of benefits at the state’s average weekly wage at the time of Ms. 

Williams death.

IT IS THEREFORE ORDERED AS FOLLOWS:

1. Methodist shall pay Mr. Williams death benefits at the stipulated rate of $308.20 

per week until it pays the maximum total benefit of $447,300, or until Mr. Williams 

is no longer entitled to benefits.

2. Unless appealed, this order shall become final in thirty days.

3. The Court assesses the $150.00 filing fee against Methodist, for which execution 

might issue as necessary. Methodist shall pay the filing fee to the Clerk within five 

business days of the order becoming final.

4. Methodist shall file Form SD-2, Statistical Data form, with the Clerk within ten

business days of this order becoming final.

ENTERED February 10, 2022.

 _______________________________

DEANA C. SEYMOUR, JUDGE

Court of Workers’ Compensation Claims
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EXHIBITS 

 1. Petition for Benefit Determination 

 2. Joint Pre-Hearing Statement 

 3. Settlement documents 

 4. Dispute Certification Notice 

CERTIFICATE OF SERVICE 

I certify that a copy of this Compensation Order was sent on February 10, 2022. 

Name Certified 

Mail

U.S. 

Mail

Email Service sent to:

Lawrence Williams,

Surviving Spouse

X X X P. O. Box 40254, 

Memphis, TN 38174 

acoach51@gmail.com

Kevin Washburn,

Employer 

X kwashburn@allensummers.com

_____________________________________ 

 Penny Shrum, Court Clerk 

Court of Workers’ Compensation Claims 

 WC.CourtClerk@tn.gov
For self-represented litigants: Help from an Ombudsman is available at 800-332-2667.

Compensation Hearing Order Right to Appeal:

If you disagree with this Compensation Hearing Order, you may appeal to the Workers’ 

Compensation Appeals Board or the Tennessee Supreme Court. To appeal to the Workers’ 

Compensation Appeals Board, you must:

1. Complete the enclosed form entitled: “Notice of Appeal,” and file the form with the 

Clerk of the Court of Workers’ Compensation Claims within thirty calendar days of the 

date the compensation hearing order was filed. When filing the Notice of Appeal, you 

must serve a copy upon the opposing party (or attorney, if represented). 

2. You must pay, via check, money order, or credit card, a $75.00 filing fee within ten 

calendar days after filing of the Notice of Appeal. Payments can be made in-person at 

any Bureau office or by U.S. mail, hand-delivery, or other delivery service. In the 

alternative, you may file an Affidavit of Indigency (form available on the Bureau’s 

website or any Bureau office) seeking a waiver of the filing fee. You must file the fullycompleted Affidavit of Indigency within ten calendar days of filing the Notice of 

Appeal. Failure to timely pay the filing fee or file the Affidavit of Indigency will 

result in dismissal of your appeal.

3. You bear the responsibility of ensuring a complete record on appeal. You may request 

from the court clerk the audio recording of the hearing for a $25.00 fee. A licensed court 

reporter must prepare a transcript and file it with the court clerk within fifteen calendar 

days of the filing the Notice of Appeal. Alternatively, you may file a statement of the 

evidence prepared jointly by both parties within fifteen calendar days of the filing of the 

Notice of Appeal. The statement of the evidence must convey a complete and accurate 

account of the hearing. The Workers’ Compensation Judge must approve the statement 

of the evidence before the record is submitted to the Appeals Board. If the Appeals 

Board is called upon to review testimony or other proof concerning factual matters, the 

absence of a transcript or statement of the evidence can be a significant obstacle to 

meaningful appellate review.

4. After the Workers’ Compensation Judge approves the record and the court clerk transmits 

it to the Appeals Board, a docketing notice will be sent to the parties. The appealing 

party has fifteen calendar days after the date of that notice to submit a brief to the 

Appeals Board. See the Practices and Procedures of the Workers’ Compensation 

Appeals Board. 

To appeal your case directly to the Tennessee Supreme Court, the Compensation Hearing 

Order must be final and you must comply with the Tennessee Rules of Appellate 

Procedure. If neither party timely files an appeal with the Appeals Board, the trial court’s 

Order will become final by operation of law thirty calendar days after entry. See Tenn. 

Code Ann. § 50-6-239(c)(7).
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]