VICKI MARSH v. FARRAR HOLLIMAN AND MEDLEY ET AL. - Articles

All Content


Posted by: Suzanne Craig Robertson on May 17, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General & Reporter; William E. Young, Solicitor General; Joshua Davis Baker, Assistant Attorney General, for the appellant, Tennessee Department of Labor and Workforce Development, Second Injury Fund.

Attorneys 2:

John W. Barringer and Michael L. Haynie, Nashville, Tennessee, for the appellees, Farrar Holliman & Medley and Companion Property and Casualty Insurance Company.

B. Keith Williams and James R. Stocker, Lebanon, Tennessee, for the appellee, Vicki Marsh.

Judge(s): KURTZ

The only issue before the trial court was the apportionment of liability between the employer and the Second Injury Fund. The employee had two compensable injuries prior to the injury that rendered her permanently and totally disabled. The trial court found that those injuries had caused 85% permanent partial disability. Based on that finding, it held the employer liable for 15% of the award and the Second Injury Fund liable for 85% of the award. We find that the trial court incorrectly applied Tennessee Code Annotated section 50-6- 208(a)(1)(2008), and modify the award accordingly.

Attachments: