CompFox AI Summary
In this workers’ compensation action, employee Wayne Eldred Hill was determined by the trial court to be permanently and totally disabled. The trial court initially apportioned 10 percent of the award to the employer and 90 percent to the Second Injury Fund, applying Tenn.Code Ann. § 50-6-208(a). The Special Workers’ Compensation Appeals Panel modified this apportionment, assigning 65 percent to the employer and 35 percent to the Second Injury Fund under Tenn.Code Ann. § 50-6-208(b). Upon full-court review, the Supreme Court of Tennessee referenced its decision in Bomely v. Mid-America Corp. (Tenn.1998) and concluded that the trial court's original apportionment under § 50-6-208(a) was correct. The Court affirmed the employer's 10 percent liability for the disability resulting from the last compensable injury and the Second Injury Fund's 90 percent liability for prior injuries, effectively reversing the Appeals Panel's modification.
Hill v. CNA Insurance Co. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
In this workers’ compensation action, employee Wayne Eldred Hill was determined by the trial court to be permanently and totally disabled. The trial court initially apportioned 10 percent of the award to the employer and 90 percent to the Second Injury Fund, applying Tenn.Code Ann. § 50-6-208(a). The Special Workers’ Compensation Appeals Panel modified this apportionment, assigning 65 percent to the employer and 35 percent to the Second Injury Fund under Tenn.Code Ann. § 50-6-208(b). Upon full-court review, the Supreme Court of Tennessee referenced its decision in Bomely v. Mid-America Corp. (Tenn.1998) and concluded that the trial court's original apportionment under § 50-6-208(a) was correct. The Court affirmed the employer's 10 percent liability for the disability resulting from the last compensable injury and the Second Injury Fund's 90 percent liability for prior injuries, effectively reversing the Appeals Panel's modification.
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