Sitz v. Goodyear Truck Tire Center

OPINION

COOPER, Justice.

This is an appeal by the Department of Labor, Second Injury Fund, from a judgment of the Chancery Court of Hamilton County ordering the fund to pay 7.5 percent of the benefits due William M. Sitz, who was determined to be totally and permanently disabled.

Mr. Sitz injured his back on June 26, 1986, when a tire he was filling with air exploded. This action was brought against his employer, Goodyear Tire & Rubber Company, which, in turn, filed a third party complaint against the Second Injury Fund.

On trial, it was determined that Mr. Sitz is now totally and permanently…