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IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
OCTOBER 3, 2000 Session DOROTHY G. MACKIE, ET AL. v. YOUNG SALES CORPORATION, ET AL.
An Appeal By Permission from the Supreme Court Special Workers' Compensation Appeals Panel Circuit Court for Davidson County No. 96C-2724 Thomas Brothers, Judge

No. M1998-00590-SC-WCM-CV - Filed March 1, 2001

We granted review in this workers' compensation case to determine whether the trial court erred in awarding temporary total benefits and death benefits based on the maximum weekly wage where the employee did not earn any wages in the 52 weeks prior to being diagnosed with malignant mesothelioma. On appeal, the Special Workers' Compensation Appeals Panel concluded that the trial court erred in awarding benefits based on the maximum weekly wage because the employee was voluntarily retired at the time of his diagnosis, and that benefits were to be based on the minimum weekly wage. After reviewing the record and applicable authority, we conclude that an employee's voluntary retirement does not preclude workers' compensation benefits for an injury arising out of and in the course of employment and that the trial court properly awarded benefits based on the maximum weekly rate under the facts of this case. Tenn. Code Ann.

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