Stewart, Coshando, Surviving Spouse of Michael Stewart v. Memphis, Light, Gas and Water

FILED
Dec 12, 2023
03:00 PM(CT)
TENNESSEE COURT OF
WORKERS' COMPENSATION
CLAIMS
TENNESSEE BUREAU OF WORKERS’ COMPENSATION
IN THE COURT OF WORKERS’ COMPENSATION CLAIMS
AT MEMPHIS
Coshando Stewart, Surviving Spouse ) Docket No. 2023-08-1738
of Michael Stewart, Deceased )
Employee, )
) State File No. 88231-2022
v. )
Memphis, Light, Gas and Water, )
Self-insured Employer. ) Judge Shaterra R. Marion
COMPENSATION ORDER AWARDING BENEFITS
Decision on the Record
In this compensation hearing, the issue is the amount of attorney fees and whether
they should be paid in a lump sum. Memphis Light Gas and Water opposed the amount of
the requested fees and paying them in a lump sum. For the reasons below, the Court awards
Ms. Stewart’s attorney the requested fees in a lump sum.
History of Claim
Michael Stewart died December 9, 2022, from electric shock. At the time of his
death, Mr. Stewart was married to Coshando Stewart, his only dependent.
Ms. Stewart retained Tim Williams Law Office, PLLC to represent her and entered
into a written agreement for a 20% contingency fee. The parties mediated on April 14,
2023, and 126 days after Mr. Stewart’s death, MLGW offered to pay Ms. Stewart the
maximum total benefit of $504,450.00 and the burial expense of $10,000.00.
The parties agreed that Ms. Stewart is entitled to the maximum compensation rate,
$1,121.00 weekly, or $2,242.00 biweekly. MLGW has initiated death benefits, and Ms.
Stewart will continue to be paid $2,242.00 biweekly. By January 19, 2024, Ms. Stewart
will be paid all the benefits she is presently owed.
Mr. Williams requested $49,324.00 in attorney’s fees and that the amount be paid
in a lump sum.
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Findings of Fact and Conclusions of Law
Mr. Williams request for attorney’s fees of $49,324.00 is approximately 9.78% of
the total award. The Court finds this amount reasonable.
In accident cases that result in death of an employee, the plaintiff’s attorney’s fees
shall not exceed reasonable payment for actual time and expenses incurred when the
employer makes a voluntary settlement offer in writing to dependents or survivors eligible
under section 50-6-210 within thirty days of the employee’s death if the employer offers
to the dependents all the benefits provided under the Workers’ Compensation Law. Tenn.
Code. Ann. § 50-6-226(a)(3) (2023).
MLGW made a settlement offer 126 days after Mr. Stewart’s death; therefore
section 50-6-226(a)(3) does not apply. Instead, section 50-6-226(a)(1) applies, which
allows the trial Court to determine the reasonableness of an attorney’s fee.
Mr. Williams submitted an affidavit supporting his fee, as it exceeded $10,000.
Tenn. Code Ann. § 50-6-226(a)(2)(C). In his affidavit, he stated that he has practiced law
since 2016, he expended extensive time and expense prosecuting the case, and he had a
written agreement for fees and expenses.
The Court finds these assertions support the requested fee. Specifically, the Court
considers the factors in Tennessee Supreme Court Rule 8, RPC 1.5. The relevant factors
here are the results obtained, the amount of work required, the customary fee in a written
agreement, and counsel’s experience and reputation. Therefore, the requested fee is
deemed reasonable.
Ms. Stewart requested that the $49,324.00 attorney’s fees be paid in a lump sum.
The Workers’ Compensation Law states that attorney’s fees may be paid as a partial
lump sum from any award when approved and ordered by the judge. Tenn. Code. Ann §
50-6-229(a). Although the trial court has discretion on whether to commute an award of
attorney’s fees, the Tennessee Supreme Court has routinely commuted attorney’s fees to a
lump sum. Summers v. RTR Transp. Servs. No. M2022-00084-SC-R3-WC, 2022 Tenn.
LEXIS 409, at *12 (Tenn. Workers’ Comp. Panel Oct. 28, 2022). Further, the Tennessee
Supreme Court also has made it clear that, in a death case, attorney’s fees may be paid in
a lump sum. Id.Because the Tennessee Supreme Court has routinely commuted attorney’s fees to a
lump sum, and the record includes no reason not to commute the attorney’s fees, the Court
holds the requested fee should be paid in a lump sum.
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IT IS, THEREFORE, ORDERED as follows:
1. Mr. Williams’s $49,324.00 attorney’s fee is deemed reasonable and shall be paid in
a lump sum.
2. MLGW shall pay Ms. Stewart $2,242.00 biweekly until the maximum total benefit
of $504,450.00 is reached or until Ms. Stewart is no longer entitled to benefits.
3. MLGW shall pay the $150.00 filing fee to the Clerk within five business days of
this order becoming final, for which execution might issue as necessary.
4. MLGW shall file Form SD-2 with the Clerk within ten business days of this order
becoming final.
5. Unless appealed, this order shall become final thirty days after entry.
ENTERED December 12, 2023.
________________________________________
Judge Shaterra R. Marion
Court of Workers’ Compensation Claims
Appendix
Exhibits
1. Marriage License
2. Death Certificate
3. Mr. William’s Amended Affidavit
Technical Record
1. Petition for Benefit Determination
2. Dispute Certification Notice
3. Request for Compensation Hearing on the Record
4. September 7, 2023, Status Hearing Order
5. September 27, 2023, Status Hearing Order
6. October 17, 2023, Status Hearing Order
7. Employer’s Prehearing Brief
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8. Employee’s Prehearing Brief
9. Amended Stipulations Filed December 8, 2023
CERTIFICATE OF SERVICE
I certify that a copy of this Order was sent as indicated on December 12, 2023.
Name Email Service sent to:
Timothy Williams, X williamstimothyj@bellsouth.net
Employee’s Attorney
Melanie Jayashankar, X mjayashankar@wyattfirm.com
Employer’s Attorney
______________________________________
PENNY SHRUM, COURT CLERK
wc.courtclerk@tn.gov
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NOTICE OF APPEAL
Tennessee Bureau of Workers’ Compensation
www.tn.gov/workforce/injuries-at-work/
wc.courtclerk@tn.gov | 1-800-332-2667
Docket No.: ________________________
State File No.: ______________________
Date of Injury: _____________________
___________________________________________________________________________
Employee
v.
___________________________________________________________________________
Employer
Notice is given that ____________________________________________________________________
[List name(s) of all appealing party(ies). Use separate sheet if necessary.]
appeals the following order(s) of the Tennessee Court of Workers’ Compensation Claims to the
Workers’ Compensation Appeals Board (check one or more applicable boxes and include the date file-
stamped on the first page of the order(s) being appealed):
□ Expedited Hearing Order filed on _______________ □ Motion Order filed on ___________________
□ Compensation Order filed on__________________ □ Other Order filed on_____________________
issued by Judge _________________________________________________________________________.
Statement of the Issues on Appeal
Provide a short and plain statement of the issues on appeal or basis for relief on appeal:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Parties
Appellant(s) (Requesting Party): _________________________________________ ☐Employer ☐Employee
Address: ________________________________________________________ Phone: ___________________
Email: __________________________________________________________
Attorney’s Name: ______________________________________________ BPR#: _______________________
Attorney’s Email: ______________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellant *
LB-1099 rev. 01/20 Page 1 of 2 RDA 11082
Employee Name: _______________________________________ Docket No.: _____________________ Date of Inj.: _______________
Appellee(s) (Opposing Party): ___________________________________________ ☐Employer ☐Employee
Appellee’s Address: ______________________________________________ Phone: ____________________
Email: _________________________________________________________
Attorney’s Name: _____________________________________________ BPR#: ________________________
Attorney’s Email: _____________________________________________ Phone: _______________________
Attorney’s Address: _________________________________________________________________________
* Attach an additional sheet for each additional Appellee *
CERTIFICATE OF SERVICE
I, _____________________________________________________________, certify that I have forwarded a
true and exact copy of this Notice of Appeal by First Class mail, postage prepaid, or in any manner as described
in Tennessee Compilation Rules & Regulations, Chapter 0800-02-21, to all parties and/or their attorneys in this
case on this the __________ day of ___________________________________, 20 ____.
______________________________________________
[Signature of appellant or attorney for appellant]
LB-1099 rev. 01/20 Page 2 of 2 RDA 11082