Nutt v. Champion International Corp.

OPINION

HOLDER, Justice.

We granted this appeal to determine whether an employer is entitled to an offset of long-term disability payments against a workers’ compensation award for permanent total disability. A 1996 amendment to Tenn. Code Ann. § 50-6-114 permits offsets against workers’ compensation benefits for payments made to an employee under an employer-funded disability plan. The plaintiffs injury pre-dated the effective date of the statute. We hold that the amendment is not retroactive and the employer is not entitled to an offset in this case.

BACKGROUND

The facts are not in dispute. Fay…