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CASSELL BROS., INC. v. COLE

519 S.W.2d 796 (1975)

CASSELL BROS., INC., Appellant, v. Clyde COLE, Appellee.

Supreme Court of Tennessee.

March 3, 1975.

Attorney(s) appearing for the Case

Jack R. Carrier, Weller & Miller, Johnson City, for appellant.

Howard R. Dunbar, Stanley K. Dunbar, Dunbar & Dunbar, Johnson City, for appellee.

OPINION

COOPER, Justice.

This is a workmen's compensation case. The employee, Clyde Cole, was found to have a forty per cent permanent partial disability to the body as a whole as the result of an injury to the trapezius muscle sustained on November 1, 1972. At the time of his injury, Mr. Cole was working for appellant, Cassell Bros., Inc., as a laborer on a school construction site. The employer appealed, insisting the trial court erred:

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