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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT JACKSON MAY 17, 2006 SESSION CALVIN MILLER V. ALLOY CLADDING COMPANY, INC., AIG INSURANCE COMPANY, INC. AND TENNESSEE DEPARTMENT OF LABOR SECOND INJURY FUND Direct Appeal from the Circuit Court for Hardin County No. 3867 Hon. C. Creed McGinley, Circuit Judge ________________________________ No. W2005-01928-WC-R3-CV - Mailed July 3, 2006; Filed August 7, 2006 ________________________________ This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the appellants contend that the trial court erred in finding that the employee is permanently and totally disabled and in refusing to limit the employee's aware to 400 weeks. We conclude that the record supports the trial court finding of permanent and total disability. Therefore, under the provisions of Tennessee Code Annotated section 50-6-207(4)(A)(I) (Supp. 1996), total disability benefits are payable to age sixty-five without regard to the monetary cap imposed by the 400-week maximum total benefit provisions of Tennessee Code Annotated section 50-6-102(a)(6) (Supp. 1997). We further conclude that the trial court's allocation of the responsibility for the payment of these benefits between the employer and the Second Injury Fund was proper. Accordingly, we affirm the judgment of the trial court. Tenn. Code Ann.

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