Jeffrey Cotton v. Goodyear Tire & Rubber Company et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee was a diabetic. He suffered a compensable shoulder injury, which required two surgeries and another procedure to correct. He returned to work on light duty status. Some time later, he fell into a diabetic coma. He subsequently developed renal failure and required dialysis thereafter. The trial court found Employee to be permanently and totally disabled, found that the shoulder injury alone had caused a 30% permanent partial disability, and apportioned the award between Employer and the Second Injury Fund. The Fund has appealed, contending that the trial court erred in awarding benefits for permanent total disability. Employee contends that the trial court erred in attributing only 30% disability to the shoulder injury, and in apportioning the award under Tennessee Code Annotated section 50-6-208(a). We affirm the judgment and remand the case for proceedings consistent with this opinion and the Suggestion of Death upon the Record filed in this matter.