Wright v. Goodyear Tire and Rubber Co.

The majority finds that the trial court erred in its legal conclusion drawn from the facts in this case because the trial court incorrectly states that, due to a prior permanent impairment, the employee cannot, as a matter of law, be totally and permanently disabled from this accident. As a result of a previous injury, the employee was earlier adjudged to have sustained a 5% permanent impairment to his earning ability. Because the trial court in the instant action found the employee's impairment to be 60% — and not 95% — I would find that any erroneous conclusion here was, at most, harmless…