Charles Steven Blocker v. Powell Valley Electric Cooperative, et al.

Charles Steven Blocker (“Employee”) sustained a compensable injury to his cervical spine while working for Powell Valley Electric Cooperative (“Employer”) in November 2010. After returning to work, Employee suffered a second, gradual injury to his cervical spine in January 2013, which rendered him permanently and totally disabled. Employee filed an action against Employer and the Tennessee Department of Labor and Workforce Development, Second Injury Fund (“the Fund”). The trial court initially found Employee’s 2013 injury caused 9% vocational disability and apportioned 9% of the award to Employer and 91% to the Fund. After the Fund appealed, the Special Workers’ Compensation Appeals Panel remanded the case for the trial court “to reassess Employee’s 2013 vocational disability” and “to make the appropriate assignment of the award to Employer and the Fund.” On remand, the trial court found the 2013 injury caused 20% vocational disability and apportioned 20% of the award to Employer and 80% to the Fund. The Fund again appeals, asserting the trial court incorrectly apportioned the award. 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.