Patricia Love v. American Olean Tile Company and Liberty Mutual Insurance Company and Sue Ann Head, Director of the Div of Worker's Comp, Division of Worker's Compensation - State of Tennessee

In this workers’ compensation action, the employee, Patricia Love, plaintiff-appellant, has appealed from a judgment of the Circuit Court of Madison County awarding her permanent total disability benefits to age 65 or until the payment of such benefits reached the maximum total benefit. The trial court apportioned the award 67.5 percent to the Second Injury Fund and 32.5 percent to the employer, American Olean Tile Company, and its insurer, Liberty Mutual Insurance Company, defendants-appellees. The Special Workers’ Compensation Appeals Panel, upon reference for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e)(5), affirmed the trial court. Thereafter, the employee filed a motion for full Court review of the Panel’s decision. We granted the motion for review to determine (1) whether it was error not to have awarded benefits payable to age 65 notwithstanding the maximum total benefit, and (2) whether the apportionment between the employer and the Second Injury Fund was correct. After examining the record before us and considering the relevant authorities, we reverse the decision of the lower courts to subject the employee’s award to the maximum total benefit. However, we affirm the apportionment of the award between the employer and the Second Injury Fund under Tenn. Code Ann. § 50-6-208(a).