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BOMELY v. MID-AMERICA CORP.

970 S.W.2d 929 (1998)

Robert Harold BOMELY, Jr., Plaintiff/Appellee, v. MID-AMERICA CORPORATION, d/b/a Burger King, Defendant/Appellee, and Larry Brinton, Jr., Director of the Division of Workers' Compensation, Tennessee Department of Labor, Second Injury Fund, Defendant/Appellant.

Supreme Court of Tennessee, at Knoxville.

June 1, 1998.

Attorney(s) appearing for the Case

David H. Dunaway, Dunaway & Associates, LaFollette, for Appellee Bomely.

Steven Johnson Butler, Vines, Babb, Knoxville, for Appellee Mid-America Corporation, d/b/a Burger King.

John Knox Walkup, Attorney General and Reporter, Dianne Stamey Dycus, Senior Counsel, Nashville, for Appellant.

OPINION

DROWOTA, Justice.

In this workers' compensation action the Second Injury Fund, defendant-appellant, has appealed from a judgment of the Chancery Court of Knox County which found the employee, Robert Bomely, plaintiff-appellee, to be totally and permanently disabled. The award was apportioned 65 percent to the employer, Mid-America Corporation, d/b/a Burger King, defendant-appellee, and 35 percent to the Second Injury Fund under Tenn. Code Ann. &...

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