Burris v. Cross Mountain Coal Co.

OPINION

DROWOTA, Justice.

This is an appeal by the Tennessee Department of Labor, Second Injury Fund, Defendant-Appellant, from a judgment of the Chancery Court of Campbell County ordering the Second Injury Fund to pay 70% of the benefits due to the employee, Robert Burris, Plaintiff-Appellee, who was determined to be totally and permanently disabled. The issues are (1) whether the Chancellor erred under T.C.A. § 50-6-208 in apportioning the award of 70% to the Second Injury Fund and 30% to the employer, Cross Mountain Coal Company (“Cross Mountain”) and (2) whether a lump sum award was…