Langford v. Liberty Mutual Insurance Co.

OPINION

ANDERSON, Justice.

In this workers’ compensation appeal, we are presented with a question of first impression — whether medical expenses awarded by a trial court are a part of the “recovery or award” under Tenn.Code Ann. § 50-6-226(a) (1991) and, therefore, subject to attorneys’ fees. The trial court held, as a matter of law, that attorneys’ fees could not be assessed against a judgment for medical expenses. We disagree and conclude that where medical expenses are a contested issue at trial, they are a part of the “recovery or award” set out in the statute and, therefore, subject to…