Mary Ellen Reagan v. Transcontinental Insurance Co., Manar, Inc., Tennplasco Division, and Sue Ann Head, Administrator of the Tennessee Department of Labor Second Injury Fund

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated §50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The Second Injury Fund contends the trial court erred in (a) finding the employee gave notice of injury to her left arm and shoulder, (b) awarding separate scheduled member and body as a whole awards for one gradually occurring injury, (c) failing to find the employee permanently and totally disabled from the last injury if notice was properly given, and (d) finding that an award on appeal constituted a “prior award” for the purposes of assigning liability to the Second Injury Fund under Tenn. Code Ann. § 50-6-208(b). We modify and remand