IN THE SUPREME COURT OF TENNESSEE AT KNOXVILLE FILED January 4, 1999 WAYNE ELDRED HILL, ) Cecil W. Crowson ) Appellate Court Clerk Plaintiff/Appellee, ) ) v. ) NO. 03S01-9608-CH-00086 ) CNA INSURANCE COMPANY, ) ) Defendant/Appellee, ) ) and ) ) LARRY BRINTON, JR., DIRECTOR ) OF THE DIVISION OF WORKERS’ ) COMPENSATION, TENNESSEE ) DEPARTMENT OF LABOR, ) SECOND INJURY FUND, ) ) Defendant/Appellant. ) CONCURRING OPINION I concur in the majority's holding that this case falls within the purview of Tenn. Code Ann. § 50-6-208(a). I, however, continue to adhere to my dissent in Bomely v. Mid-America Corp., 970 S.W.2d 929 (Tenn. 1998), in which I concluded that Tenn. Code Ann. § 50-6-208(a) is applicable when there is a subsequent injury and the employee is rendered permanently and totally disabled. Subsection (b), however, should apply only when the employee is still able to earn a wage or be gainfully employed but has received compensable vocational disabilities that exceed 100 percent or 400 weeks of compensation. JANICE M. HOLDER, JUSTICE
Wayne Eldred Hill v. CNA Insurance and Larry Brinton, Jr., Director of the Division of Workers Compensation, Tennessee Dept of Labor - Concurring
Combined Opinion