Perdue v. Green Branch Min. Co., Inc.

OPINION

ANDERSON, Justice.

In this workers’ compensation death case, the primary issue is whether the trial court abused its discretion in commuting the surviving spouse’s and the surviving children’s death benefits to a lump sum. An ancillary issue is whether the trial court erred in assessing the guardian ad litem’s fees against the children’s lump-sum award instead of the defendant as discretionary costs under Tenn.R.Civ.P. 54. We conclude that the trial court did not abuse its discretion in commuting the widow’s benefits, but erred in commuting the surviving children’s benefits to a lump…