Jacob E. Warren v. American Holding Company d/b/a

This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for a -2-