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MINTON v. STATE INDUSTRIES, INC.

825 S.W.2d 73 (1992)

Thelma M. MINTON, Plaintiff-Appellee, v. STATE INDUSTRIES, INC. and Liberty Mutual Insurance Company, Defendants-Appellees, and Sue Ann Head, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Second Injury Fund, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

February 10, 1992.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, Dianne Stamey Dycus, Asst. Atty. Gen., Nashville, for defendant-appellant Second Injury Fund.

Julia F. Smith, Thomas E. Stamper, Clarksville, for plaintiff-appellee.

David J. Pflaum, Watkins, McGugin, McNeilly & Rowan, Nashville, for defendants-appellees State Industries, Inc., and Liberty Mut.

OPINION

DROWOTA, Justice.

This is an appeal by the Tennessee Department of Labor, Second Injury Fund (the Fund), Defendant-Appellant, from a judgment of the Circuit Court of Montgomery County ordering the Fund to pay 50 percent of the benefits due to the employee, Thelma M. Minton, Plaintiff-Appellee, who was determined to be totally and permanently disabled. The trial court found that subsection (a) of T.C.A. § 50-6-208 applied and that the employer...

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