Timothy Yates Carter v. Happy Trucking Company, Inc. and State of Tennessee Department of Labor Workers' Compensation Division Second Injury Fund, Jim Farmer, Director

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the appellee was entitled to proceed with his lawsuit for reconsideration benefits stemming from a 1998 injury when he was terminated following a subsequent injury to the body as a whole, and awarded benefits. The trial court further found no liability on the part of the Tennessee Second Injury Fund. The appellant contends that the employee’s claim for enlargement is prohibited by Tenn. Code Ann. §§ 50-6-241(a)(2) and 50-6-207(3)(F), and that the trial court erred in its statutory interpretation. For the reasons set forth below, we reverse the holding of the trial court.