Michelle Hudson v. Fresenius Medical Care Holdings, LLC, et al. - Articles

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Michelle Hudson v. Fresenius Medical Care Holdings, LLC, et al.

Posted by: Stacey Shrader Joslin on Mar 18, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: David N. Darnell, Kingsport, Tennessee, for the employee-appellant, Michelle Hudson.

Attorneys 2: J. Brent Moore and Christopher L. Davis, Nashville, Tennessee, for the employer-appellee, Fresenius Medical Care Holdings, LLC.

Judge(s): CONNER

In this compensation appeal, the employee suffered a compensable injury and entered into a court-approved settlement agreement for payment of her “original award.” She later filed a petition for additional disability benefits, asserting that her wages after she was placed at maximum medical improvement were significantly less than her wages prior to the work accident, thereby entitling her to increased benefits. In response, the employer asserted the employee’s base rate of pay at the time her initial compensation period ended was higher than her base rate of pay at the time of the injury. Both parties filed competing motions for summary judgment. Following a hearing, the court granted the employer’s motion and dismissed the employee’s petition for increased benefits, and the employee has appealed. Because the employee has offered no legal argument in support of her position on appeal, we affirm the trial court’s order and certify it as final.

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