A Tennessee court has ruled in favor of Vicki Giro, a former preschool teacher, awarding her permanent partial disability benefits and open medical benefits after she sustained a workplace injury. The decision, made by Judge Brian K. Addington of the Tennessee Court of Workers' Compensation Claims, addresses Giro's claims for benefits following a fall at work in December 2021.
The ruling is significant for Giro, who had been seeking compensation for her injuries and related medical expenses. It highlights the responsibilities of employers in providing adequate support for employees who suffer work-related injuries.
Background
Vicki Giro worked as a lead two-year-old preschool teacher at Ebenezer Children’s Academy, LLC. On December 16, 2021, she fell at work, injuring her wrist. Following the incident, Ebenezer accepted the claim, and Giro received treatment for tenosynovitis from Drs. Bryan Thompson and Elizabeth McBride. Although the academy was closed for the Christmas break, Giro returned to work in January 2022 with certain restrictions.
After undergoing surgery on March 1, 2022, Giro faced complications, leading to a second surgery on October 1. She remained off work until November 9, 2022, and continued to work under restrictions until she reached maximum medical improvement on May 18, 2023. However, her employment was terminated after an incident involving a student, which the academy deemed inappropriate.
The Ruling
In the compensation order issued on October 20, 2026, the court ruled that Giro is entitled to permanent partial disability benefits amounting to $1,656.86 and open lifetime medical benefits for her injury. Judge Addington stated, "Ms. Giro is entitled to four and one-half weeks of permanent partial disability in the amount of $1,656.86." The court also confirmed that Giro's employer, Ebenezer Children’s Academy, must provide future medical benefits.
However, the court denied Giro's request for increased benefits and payment of past medical expenses. The ruling noted that Giro was earning the same amount with a different employer at the end of her initial benefit period, which disqualified her from receiving increased benefits. The court found that there was insufficient evidence to support claims for additional temporary disability benefits or to confirm whether Ebenezer had overpaid her benefits.
Impact
This ruling is important for workers in similar situations, as it clarifies the criteria for receiving permanent partial disability benefits and medical coverage after workplace injuries. It underscores that employees must provide sufficient evidence to support their claims for increased benefits and past medical expenses.
The decision also sets a precedent regarding the responsibilities of employers in managing workers' compensation claims and the necessity for clear documentation of payments and medical treatment. It emphasizes the importance of proper communication between employees and employers about work-related injuries and the benefits available to them.
What's Next
Giro has the right to appeal the court's decision if she disagrees with any aspect of the ruling. The notice of appeal must be filed within 30 days of the order's entry. Details were not available in the court filing regarding any related cases pending.