Billy R. Phillips v. State of Tennessee v. Tennessee Technological University, State of Tennessee

OPINION

HOLDER, Justice.

We granted this appeal to address whether the State may be liable for discretionary costs pursuant to Tenn. R. Civ. P. 54.04(2) in a workers’ compensation case. We hold that the State may only be taxed for costs expressly permitted by either the Tennessee claims commission statute or the Workers’ Compensation Act.

BACKGROUND

The plaintiff, Billy R. Phillips, sustained a work-related injury while employed by the defendant, a state university. The plaintiff filed a motion to recover discretionary costs pursuant to Tenn. R. Civ. P. 54.04. The motion sought recovery for…