Brown v. John Martin Construction Co.

OPINION

DROWOTA, Justice.

Two issues involving the Second Injury Fund are raised in this worker’s compensation case: (1) whether an injury to the back qualifies, under T.C.A. § 50-1027, as an injury entitling the plaintiff-employee to receive benefits under the Second Injury Fund of the State of Tennessee; and (2) whether an employee-supervisor’s knowledge of his own prior disability can be imputed to the employer to satisfy the “written record” requirement of T.C.A. § 50— 1027.

*146The plaintiff-employee, Robert Brown, Jr., first sustained a back injury in 1962, which required three back…