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BROWN v. JOHN MARTIN CONST. CO.

642 S.W.2d 145 (1982)

Robert BROWN, Jr., Plaintiff-Appellee, v. JOHN MARTIN CONSTRUCTION COMPANY, et al., Defendants-Appellees, and Harlan Mathews, Jr., Treasurer of the State of Tennessee and Custodian of the Second Injury Fund, Defendant-Appellant.

Supreme Court of Tennessee.

November 15, 1982.

Attorney(s) appearing for the Case

Frank J. Scanlon, Sr. Asst. Atty. Gen., Nashville, for defendant-appellant.

James C. Lee, Chattanooga, for plaintiff-appellee.

Spears, Moore, Rebman & Williams, Goins, Gammon, and Baker, Jeffrey L. Cleary, Chattanooga, for defendants-appellees.

OPINION

DROWOTA, Justice.

Two issues involving the Second Injury Fund are raised in this worker's compensation case: (1) whether an injury to the back qualifies, under T.C.A. § 50-1027, as an injury entitling the plaintiff-employee to receive benefits under the Second Injury Fund of the State of Tennessee; and (2) whether an employee-supervisor's knowledge of his own prior disability can be imputed to the employer to satisfy the "written record" requirement...

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