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Scales v. City of Oak Ridge8/23/2001 6-207(4)(A)(i) does not apply in this case. Finally, regarding the apportionment of liability, we hold that (1) Tennessee Code Annotated section 50-6-208(a) controls the apportionment of Scales's award for her second injury to her back, and that under this section the Second Injury Fund is liable for 65% of 260 weeks of benefits after Oak Ridge fully satisfies its obligation of 35% of 260 weeks; and (2) Oak Ridge is liable for all of Scales's first injury. The case is remanded to the Circuit Court for Anderson County for entry of an order consistent with these holdings.
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