Michael Ray Hailey v. E. W. James & Sons,

In this appeal, the Second Injury Fund insists the trial court erred in its apportionment of permanent total disability benefits 35 percent to the employer and 65 percent to the Second Injury Fund. As discussed below, the panel has concluded the judgment of the trial court should be modified by apportioning 1 percent of the disability benefits to the employer and none to the Second Injury Fund.