TWCA determines the apportionment of liability between an employer and the Second Injury Fund

VICKI MARSH v. FARRAR HOLLIMAN AND MEDLEY ET AL. (TWCA May 12, 2012)

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.

Opinion available at:
https://www.tba.org/sites/default/files/marshv_051212.pdf