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Posted by: Stacey Shrader Joslin on Jan 2, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Cynthia A. Wilson, Cookeville, Tennessee, for the appellants Daco Incorporated and Travelers Indemnity Company.

Attorneys 2:

Walter S. Fitzpatrick III, Cookeville, Tennessee, for the appellee, James Short.

Robert E. Cooper Jr., Attorney General and Reporter; William E. Young, Solicitor General; Joshua Davis Baker, Assistant Attorney General; and Alexander S. Rieger, Assistant.

Judge(s): HARRIS

This workers’ compensation case concerns the apportionment of liability between an employer and the Second Injury Fund. At trial, the parties stipulated that the employee had sustained a compensable injury to his lower back that rendered him permanently and totally disabled. Prior to his work injury, he had undergone back and neck surgeries, as well as coronary bypass surgery. The trial court found that his work injury caused a 90% permanent partial disability, irrespective of the pre-existing conditions, and it apportioned liability accordingly: 90% to the employer and 10% to the Second Injury Fund. The employer has appealed, and the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Curt Rule 51. We affirm the judgment.