Underwood v. Zurich Insurance Co.

OPINION

ANDERSON, Justice.

In this worker’s compensation appeal, we are asked to determine whether a post-trial increase in disability constitutes a reason justifying relief from a final judgment under Tenn.R.Civ.P. Rule 60.02(5). The trial court awarded 58 percent disability to the body as a result of work-connected injuries caused by an explosion, and thereafter commuted the award to a lump sum. Later, the employee petitioned to reopen the lump-sum judgment because Post-traumatic Stress Disorder was diagnosed after the final judgment and that constituted grounds to reopen under Tenn.R.Civ.P.…