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PARTIN v. OLD REPUBLIC INS. CO.

580 S.W.2d 775 (1979)

James R. PARTIN, Appellant, v. OLD REPUBLIC INSURANCE CO., Appellee.

Supreme Court of Tennessee.

April 30, 1979.

Attorney(s) appearing for the Case

Ray A. Stegall, Knoxville, for appellant.

Earl R. Layman, Roy P. Neuenschwander, Knoxville, for appellee.

OPINION

FONES, Justice.

This is a workmen's compensation case. The trial court denied benefits for coal miner's pneumoconiosis under T.C.A. § 50-1102 because plaintiff previously had been awarded 100% total permanent disability as a result of traumatic injuries sustained in February 1975, from which he has not recovered.

The proof showed that plaintiff, James H. Partin, age fifty-eight with a third-grade education, had been working in coal mines...

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