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SCHULTZ v. MAJIK MARKET, A DIV. OF MUMFORD

621 S.W.2d 738 (1981)

William S. SCHULTZ, Surviving Widower of Fannie Louise Schultz, Plaintiff-Appellee, v. MAJIK MARKET, A DIVISION OF MUMFORD, INC., Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

October 5, 1981.

Attorney(s) appearing for the Case

Donald E. Warner and John B. Curtis, Jr., Leitner, Warner, Owens, Moffitt, Williams & Dooley, Chattanooga, for defendant-appellant.

John W. Johnson, III, Chattanooga, for plaintiff-appellee.

OPINION

BROCK, Justice.

This appeal presents the single issue:

"Whether the maximum amount of worker's compensation benefits properly payable to the plaintiff, as a widower with no dependent children, for the death of his wife, the employee, is determined by Subsection (e)(1) or by Subsection (e)(12) of T.C.A., § 50-1013?"

The trial judge held that an ambiguity existed in the statute and awarded compensation under Subsection (e)(12...

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