Bobbie Jane T. Hagewood v. American Casualty Company

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer, Sprint Corporation (Sprint), and its insurer, American Casualty Company of Reading, PA., appeal from the trial court’s determination that the claim of the employee, Bobbie Jane T. Hagewood (Hagewood), for benefits relating to a carpal tunnel injury was not barred by the statute of limitations, res judicata, or the last injurious injury rule. Appellee, Second Injury Fund (Fund), joins the statute of limitations argument and further claims that the trial court erred in apportioning the award between Sprint and the Fund. After reviewing the record, we have determined that the evidence does not preponderate against the findings of the trial court concerning the statute of limitations and the last injurious injury rule. We decline to review the res judicata issue because it was not decided by the trial court. We do,
however, find that the trial court erred in its apportionment of the award and modify the award to
reflect the correct apportionment.