Dorothy Wilkins v. The Kellog Company - Dissenting

IN THE SUPREME COURT OF TENNESSEE AT JACKSON April 3, 2001 Session DOROTHY WILKINS v. THE KELLOGG COMPANY Appeal from the Circuit Court for Shelby County No. 91639T.D. John R. McCarroll, Judge No. M1999-00676-SC-R3-CV - Filed July 3, 2001 ADOLPHO A. BIRCH, JR., J., filed a dissenting opinion, in which William M. Barker, J., joined. The majority holds that the difference between pre- and post-injury wages for an employee whose weekly wage fell from $1,433.82 to $860.80 is $0. This holding, in my view, contravenes legislative intent, creates the potential for abuse of the benefit scheme, and…