Kay E. Duncan v. Modine Manufacturing Co., Inc. and Jim

Case Number
E2000-02995-WC-R3-CV
The trial court found that in the current work-related injury the plaintiff sustained an 8 percent permanent partial disability to the body as a whole and a 15 percent permanent partial disability to the body as a whole as a result of an aggravation of her pre-existing depression. The plaintiff had previously sustained a work-related carpal tunnel injury and received an award of 35 percent for the injury, which was stipulated to convert to 17.5 percent. The trial court found the plaintiff's current 95 percent disability coupled with her pre-existing right arm condition rendered her permanently and totally disabled in accordance with Tennessee Code Annotated _ 5-6-27(4)(A)(i). The trial court assessed 82.5 percent of the award to the defendant employer and the balance to the Second Injury Fund. We affirm the judgment of the trial court and remand the case to the trial court for entry of such orders as are necessary to carry out the judgment.
Authoring Judge
John K. Byers, Sr. J.
Originating Judge
James B. Scott, Judge
Case Name
Kay E. Duncan v. Modine Manufacturing Co., Inc. and Jim
Date Filed
Dissent or Concur
No
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