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U.S. PIPE & FOUNDRY CO. v. CARAWAY

546 S.W.2d 215 (1977)

U.S. PIPE & FOUNDRY COMPANY and Harlan Mathews, Treasurer of the State of Tennessee and Custodian of the Second Injury Fund, Appellants-Defendants, v. John T. CARAWAY, Appellee-Plaintiff.

Supreme Court of Tennessee, Eastern Division.

February 7, 1977.

Attorney(s) appearing for the Case

Phillip A. Fleissner, Chambliss, Bahner, Crutchfield, Gaston & Irvine, Chattanooga, C. Hayes Cooney, Asst. Atty. Gen., for appellants-defendants; R.A. Ashley, Jr., Atty. Gen., of counsel.

Ralph E. Vineyard, Chattanooga, for appellee-plaintiff.

OPINION

HARBISON, Justice.

In this workmen's compensation case, the employee was found by the Chancellor to be totally and permanently disabled as the combined result of an industrial injury sustained on March 4, 1974 and a pre-existing congenital condition in his lower abdomen which had been the subject of repeated surgical procedures for hernia repair. The award was apportioned between the employer and The Second Injury Fund. Both the employer and the...

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