Roger Shoulders v. Pasminco Zinc, Inc. and State of Tennessee, Department of Labor, Workers' Compensation Division, Second Injury Fund

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Defendant Second Injury Fund has appealed the findings of the trial court, which determined that the Employee is entitled to recover permanent total disability until age sixty-six. We find that Employee is not permanently and totally disabled, and we therefore modify the decision of the trial court.