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HILL v. CNA INS. CO.

985 S.W.2d 959 (1999)

Wayne Eldred HILL, Plaintiff/Appellee, v. CNA INSURANCE COMPANY 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.

Rehearing Denied March 8, 1999.

Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Dianne Stamey Dycus, Deputy Attorney General, Nashville, TN, for Appellant.

David H. Dunaway, LaFollette, TN, for Appellee Hill.

Linda J. Hamilton Mowles, Knoxville, TN, for Appellee CNA Ins. Co.

OPINION

BIRCH, J.

In this workers' compensation action, the trial court determined that Wayne Eldred Hill, the employee, was permanently and totally disabled. Pursuant to Tenn.Code Ann. § 50-6-208(a), the court apportioned 10 percent of the award to the employer and 90 percent of the award to the Second Injury Fund. The case was referred to the Special Workers' Compensation Appeals Panel for findings of fact and conclusions of law pursuant to...

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