Luther Roper, Sr. v. First Presbyterian Church, et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. In this case, the trial court found that the employee suffered a 70% vocational disability to the body as a whole as the result of an injury arising out of and in the course of employment. Since the employee was over sixty at the time of the injury, the trial court limited his award to 260 weeks pursuant to Tenn. Code Ann. § 50-6-207(4)(A)(I). The trial court concluded that the employer’s liability was likewise capped at 260 weeks, and, since the employer had already paid 152 weeks of compensation to the employee for previous injuries, the court allocated 108 weeks of the 260-week award to the employer, and the remaining 152 weeks to the Second Injury Fund. The Second Injury Fund appeals, arguing that the employer’s liability is not capped at 260 weeks, but rather remains 400 weeks. We hold that the trial court erred in capping the employer’s liability at 260 weeks, rather than 400 weeks. Accordingly, we reverse the judgment of the trial court and remand this issue for entry of an order consistent with this opinion.