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SMITH v. LIBERTY MUT. INS. CO.

762 S.W.2d 883 (1988)

Michael Wayne SMITH, Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee and Sue Ann Head, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

December 12, 1988.

Attorney(s) appearing for the Case

David H. Dunaway, Dunaway, Dunaway & Van Hook, LaFollette, for appellee Smith.

W.J. Michael Cody, Atty. Gen. & Reporter, Dianne Stamey, Asst. Atty. Gen., Nashville, for defendant-appellant.

OPINION

FONES, Justice.

The issue in this workers' compensation case is whether the 1985 amendment to the Second Injury Fund Statute, specifically T.C.A. § 50-6-208(b)(2), authorizes an exception to the maximum total benefit limitation of T.C.A. § 50-6-102(a)(7), so that an employee, who has been awarded temporary total disability benefits and permanent total disability benefits, can recover more than the statutory maximum.

Plaintiff Smith...

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