General Motors and Saturn Corporation Considered the Same Employer for Workers’ Compensation

Posted in Social Security Disability,Workers' compensation on September 21, 2011

I am proud to report to our General Motors’ workers compensation clients that the Maury County Circuit Court recently made a landmark ruling in one of my cases. Many autoworkers know that General Motors filed bankruptcy in 2009 and sold its company in a bankruptcy sale to a new company to create “New GM.”

That sale opened rights for many injured workers to have their previous Tennessee workers’ compensation settlement re-opened and increased. However, for employees of the Spring Hill plant that were injured before January 1, 2005, GM took the position that those workers lost their jobs at the time of the transition from Saturn to GM and were therefore not eligible for money out of their previous workers’ compensation case as a result of the bankruptcy.

I traveled to Detroit for corporate depositions of several key GM executives to prove one point: that GM controlled Saturn to such an extent that they had to be considered “one and the same.” The case was recently tried in Maury County. The trial judge agreed and ordered that GM had such dominion and control over Saturn ever since its existence that they were to be considered the same employer for workers’ compensation purposes despite the 2005 transition to GM. That decision will be challenged in the Court of Appeals but for now confirms GM and Saturn never were completely separate entities. Therefore, many GM employees injured prior to 2005 may have additional rights and may be entitled to more money.

This employee had prior meniscus injury in his knee and ruptured discs in his back, both workers’ compensation cases that we handled. The trial judge awarded him an additional $200,000.00 as a result of his disabilities and inability to work. We were also able to help the client apply for and receive Social Security Disability benefits.

If you have been seriously injured and want an aggressive Tennessee injury lawyer, call Jonathan Williams today at 615-256-8880 for a free consultation.