BITUMINOUS CASUALTY CORPORATION v. SMITH


288 S.W.2d 913 (1956)

BITUMINOUS CASUALTY CORPORATION v. Elvis Batton SMITH.

Supreme Court of Tennessee.

On Petition to Rehear April 5, 1956.


Attorney(s) appearing for the Case

Claude Callicott, Nashville, for plaintiff-in-error.

James R. Brown, Centerville, for defendant-in-error.


TOMLINSON, Justice.

By reason of an injury compensable under the Workmen's Compensation Statute, T.C.A. § 50-901 et seq., Smith sustained (1) a temporary total disability for 34.67 weeks, and (2) a permanent partial disability of 50% of his body as a whole. His average weekly wage at the time of the injury was $37.50.

The judgment of the trial court was that Mr. Smith is entitled to $22.50 (60% of his average weekly wage) for a period of 34.67 weeks because...

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