Donny Ray Thompson v. City of Lawrenceburg, 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 § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court found Employee to be permanently and totally disabled as a result of a compensable injury. It apportioned benefits 70% to Employer and 30% to the Second Injury Fund. Employer appealed. Employer and Employee then reached an agreement to compromise Employer’s portion of the claim for a lump sum payment. The appeal was voluntarily dismissed. Employee thereafter filed a motion requesting that the Fund  immediately commence paying its share of the judgment. The trial court granted that
motion. The Fund has appealed, contending that the order violates several provisions of the workers’ compensation law. We agree, reverse the order at issue, and remand the case to the trial court for further proceedings.