James Walker Hurst v. Scruggs, Inc.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). We find the record supports the finding that the plaintiff is permanently and totally disabled. We modify the apportionment of liability between the employer and the Second Injury Fund.1 The trial court found the plaintiff was injured within the scope of his employment with the defendant on June 17, 1994. The plaintiff had two previous compensable injuries. On June 6, 1983, he was found to have a 6 percent disability to the body as a whole, and on October 8, 1993, he was found to have a 7.5 percent disability as a result of an injury. The trial judge found the plaintiff was totally and permanently disabled from work following the injury of June 17, 1994 (this case). Further, the trial court found, and the record shows, the plaintiff met three out of four requirements for Tenn. Code Ann. _ 5-6-242, which would permit the trial court to exceed the multiplier caps of the statute and award recovery for 4 weeks. In this case, however, the trial court found the plaintiff was entitled to receive benefits until age 65 under the provisions of Tenn. Code Ann. _ 5-6-27(4). In fixing the disability between the employer and the Second Injury Fund, the trial court found that the employer was liable for 32.5 percent of the injury to the plaintiff and the Second Injury Fund was liable for 67.5 percent. At the time the 1 This case was filed March 13, 1997 and has awaited the Supreme Court's decision in Bomely v. Mid-America Corp., ___ S.W.2d ___ (Tenn. 1998), which was filed May 26, 1998. 2