Employer’s choice to obtain insurance diminishes percentage of liability

A handyman’s job duties consisted of general maintenance on a farm. He fell from the roof of a barn and sustained numerous fractures. He was unable to return to work due to constant pain. Although not required to do so, the employer had workers’ compensation insurance. A doctor prescribed a brace for the handyman, which he opined decreased his pain. The doctor also thought the alteration of gait caused by the brace exacerbated the handyman’s preexisting back problems. The Tennessee Supreme Court held that the handyman was entitled to permanent total disability benefits, paid 40 percent by the employer and 60 percent by the Second Injury Fund.