Terry Wayne Bynum v. Roberts Petroleum Company, Inc. et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee suffered a significant work-related injury to his left shoulder. An attempt to repair the injury by surgery failed. Employee had sustained a previous injury to his right shoulder. After the left shoulder injury occurred, he reported symptoms of bilateral carpal tunnel syndrome. The trial court found him to be permanently and totally disabled. It determined that his earlier injury had caused a disability of 15% to the body as a whole. On that basis, it assigned 85% of the liability for the present injury to Employer and 15% to the Second Injury Fund. Employer has appealed, arguing that the trial court erred by finding that Employee was permanently and totally disabled. Employer and the Second Injury Fund also contend that the trial court erred in its method of apportioning the
award. We affirm the finding of permanent and total disability. We agree that the method  used to apportion the award was incorrect and remand the case for additional proceedings on that issue.