Crean v. Michelin North America, Inc.
Crean v. Michelin North America, Inc.
Opinion
The opinion of December 30, 1998, is withdrawn, and the following is substituted therefor.
It appears from the scant record before this court that Paula Crean sued her employer, Michelin North America, Inc., ("Michelin"), on September 12, 1994, seeking to recover workers' compensation benefits for injuries she sustained during the course of her employment with Michelin. On June 12, 1997, the trial court entered an order finding that Crean had suffered from bilateral carpal tunnel syndrome and bilateral ulnar nerve neuropathy in both her right and left hands and wrists and that the injuries arose out of and in the course of her employment with Michelin. The court awarded Crean $15,084 in temporary total disability benefits, $23,760 in permanent partial disability benefits that *Page 296 had accrued before the time of the trial, and $220 per week in permanent partial disability benefits for 156 weeks. The court also ordered Michelin to pay for any of Crean's necessary medical and surgical treatment, rehabilitation, medicine, and medical and surgical supplies. Crean moved the court to alter, amend, or vacate its judgment, or, in the alternative, to grant a new trial. The court denied Crean's motion; however, it did award her $217 in travel expenses for medical treatment.
On October 27, 1997, the court amended its judgment to apportion responsibility for the compensation award between The Hartford Insurance Company and Cigna Property and Casualty Insurance Company. It appears that when Crean injured her right hand Hartford was Michelin's workers' compensation insurance carrier and that when she injured her left hand Cigna was Michelin's workers' compensation insurance carrier. The court ordered Hartford to pay the entire $15,084 of temporary total disability benefits. It further ordered Hartford to pay $16,632 of the $23,760 in accrued permanent partial disability benefits and Cigna to pay the remaining $7,128 in accrued permanent partial disability benefits. The court also ordered Hartford to pay $220 per week in unaccrued permanent partial disability benefits for 109.2 weeks, and Cigna to pay $220 per week in unaccrued permanent partial disability benefits for 46.8 weeks. Finally, the court ordered Hartford to pay $233 of Crean's filing fee and travel expenses, and Cigna to pay the remaining $100.20 of those expenses.
On December 11, 1997, Crean gave the required five-day notice to Michelin, pursuant to §
Section
"(1) If the award, order, or settlement agreement is payable in installments and default has been made in the payment of an installment, the owner or interested party may, upon the expiration of 30 days from the default and upon five days' notice to the defaulting employer or defendant, move for a modification of the award or settlement agreement by *Page 297 ascertaining the present value of the case, including the 15 percent penalty provision of Section
25-5-59 , under the rule of computation contained in Section25-5-85 , and upon which execution may issue. The defaulting employer may relieve itself of the execution by entering into a good and sufficient bond, to be approved by the judge, securing the payment of all future installments, and forthwith paying all past due installments with interest and penalty thereon since due."
Section
Crean contends on appeal that the court erred in failing to modify the judgment, pursuant to §
Although the court denied Crean's motion to modify the judgment pursuant to §
Crean's request for an attorney fee on appeal is denied.
OPINION OF DECEMBER 30, 1998, WITHDRAWN; OPINION SUBSTITUTED; APPLICATION AND MOTION GRANTED; REVERSED *Page 298 AND REMANDED WITH INSTRUCTIONS.
Robertson, P.J., and Monroe, Crawley, and Thompson, JJ., concur.
Reference
- Full Case Name
- Paula Crean v. Michelin North America, Inc.
- Cited By
- 2 cases
- Status
- Published