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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT JACKSON

FLORINE VANDYKE Plaintiff/Appellee, vs. PLUMLEY RUBBER COMPANY and LIBERTY MUTUAL INSURANCE CO., Defendants/Appellants.

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HENRY CIRCUIT Hon. C. Creed McGinley, Circuit Judge

NO. 02S01-9604-CV-00039

F L E I D
O c to b e r 1 , 1 9 9 6 C e c il C r o w s o n , J r .
A p p e lla t e C o u r t C le r k

For Appellants: Catherine B. Clayton Spragins, Barnett, Cobb & Butler Jackson, Tennessee

For Appellee: Ricky L. Boren Hill Boren Jackson, Tennessee

MEMORANDUM OPINION Mailed: Members of Panel: Justice Lyle Reid Special Judge Joe C. Loser, Jr. Special Judge Billy Joe White

REVERSED AND REMANDED

White, Judge

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employee's health plan. The panel agrees and reverses the judgment of the trial court. It was stipulated that the employee's total medical expenses totaled $22,278.55. It was further stipulated that the Plaintiff had paid prior to trial $669.29 in out-of-pocket medical expenses. Her remaining medical expenses were paid by Plumley through its group health care plan. The insurance company paid the remainder. The parties further stipulated that Plumley's group health insurance plan did not contain a specific set-off clause for workers' compensation benefits. Plumley is self-insured for group health benefits. This panel holds that under T.C.A.

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