Smith v. Liberty Mutual Insurance Co.

OPINION

FONES, Justice.

The issue in this workers’ compensation case is whether the 1985 amendment to the Second Injury Fund Statute, specifically T.C.A. § 50-6-208(b)(2), authorizes an exception to the maximum total benefit limitation of T.C.A. § 50-6-102(a)(7), so that an employee, who has been awarded temporary total disability benefits and permanent total disability benefits, can recover more than the statutory maximum.

Plaintiff Smith sustained an on-the-job back injury in September 1983 while employed by Powell Valley Foods and settled his workers’ compensation claim based upon an 18%…