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

Charles Steven Blocker (“Employee”) sustained a compensable injury to his cervical spine in November 2010.  Surgery was required to treat the injury.  He was able to return to work for Powell Valley Electric Cooperative (“Employer”) after that injury.  His claim for workers’ compensation benefits was settled.  Employee suffered a second, gradual injury to his cervical spine in January 2013.  He was unable to return to work after that injury.  He brought suit in the Chancery Court for Claiborne County against Employer and the Tennessee Department of Labor and Workforce Development, Second Injury Fund (“the Fund”).  The parties stipulated that Employee was permanently and totally disabled.  The only issue presented to the court was apportionment of the permanent total disability benefits between Employer and the Fund.  The trial court found that the second injury had caused a 9% permanent partial disability without reference to the prior injury.  Benefits were apportioned 9% to Employer and 91% to the Fund.  The Fund has appealed, contending that 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 reverse and remand for further proceedings.