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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT NASHVILLE April 21, 2008 Session JOHN W. KRANTZ, III, v. NISSAN NORTH AMERICA, INC. ET AL.
Direct Appeal from the Chancery Court for Rutherford County No. 06-0287WC Robert E. Corlew, III, Chancellor

No. M2007-01812-WC-R3-WC - Mailed - July 31, 2008 Filed - October 6, 2008

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 a hearing and a report of findings of fact and conclusions of law. The employee, John W. Krantz, III, sustained a compensable back injury. His authorized physician placed restrictions upon his activities. The employer, Nissan North America, Inc., had a pre-existing written policy requiring adherence to medical restrictions at all times, including while away from the workplace. Mr. Krantz violated the restrictions in question by engaging in competitive horsemanship, and was terminated as a result. The trial court found that he did not have a meaningful return to work and awarded permanent disability benefits in excess of 1.5 times the anatomical impairment. Nissan has appealed, contending that the trial court erred by finding that Mr. Krantz did not have a meaningful return to work. We agree, and modify the judgment accordingly. Tenn. Code Ann.

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