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