Tucker v. Foamex, L.P.

OPINION

ANDERSON, C.J., HOLDER and BARKER, JJ., joined.

In this workers’ compensation case, James C. Tucker, a 59-year-old employee, sustained a compensable injury to his left shoulder. The trial court found that he had sustained a 92 percent permanent partial disability and granted him 368 weeks of benefits (92 percent of 400 weeks provided by statute for permanent partial disability to the body as a whole). The employer, Foamex, L.P., requested review, contending that Tucker was entitled to benefits only up to the age of 65 based on Tenn.Code Ann. § 50-6-207(4)(A)(i) and this Court’s…