Valles v. Daniel Construction Co.

OPINION

HENRY, Justice.

The sole question in this workmen’s compensation action is whether the Trial Judge, in a suit wherein the employer and the insurance carrier are named defendants, may order payment on a commuted lump sum basis, upon the agreement of the employer, but over the objection of the insurance carrier. We respond in the negative.

Section 50-1023, T.C.A., as it stood on February 21, 1979, the date of the order, 1 provided, in pertinent part:

The amounts of compensation payable periodically hereunder may be commuted to one or more lump sum payments. These may be commuted only with…