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DAVIS v. REAGAN

951 S.W.2d 766 (1997)

Vernon Ray DAVIS, Plaintiff/Appellee, v. Jim REAGAN and Howard Sexton, d/b/a Precision Construction Co.; and Travelers Insurance Co., Defendants/Appellees, and Larry Brinton, Jr., Director of Worker's Compensation, Tennessee Dept. of Labor, Second Injury Fund, Defendant/Appellant. and Bessie Lou RAYFIELD, Plaintiff/Appellee, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU; and Ed Smith, d/b/a Days Inn of Pigeon Forge, Defendants/Appellants, and Larry Brinton, Tennessee Dept. of Labor, Division of Workers' Compensation, Second Injury Fund, Defendant/Appellee.

Supreme Court of Tennessee, at Knoxville.

September 8, 1997.

Attorney(s) appearing for the Case

R.B. Hailey, Frank Q. Vettori, Knoxville, for Appellee.

John Knox Walkup, Attorney General & Reporter, Dianne Stamey Dycus, Senior Counsel, Attorney General's Office, for Appellant, Second Injury Fund.

OPINION

HOLDER, Justice.

We granted this consolidated appeal to determine whether permanent total disability can be awarded when an anatomical disability rating is less than 16.7 percent. In Seiber v. Greenbrier Industries, Inc., 906 S.W.2d 444 (Tenn. 1995), this Court adopted a panel decision holding that the limits in Tenn. Code Ann. § 50-6-241 (1996 Supp.) precluded an award of total disability when the...

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