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YEAROUT v. TRUSTY

684 S.W.2d 612 (1984)

Robert L. YEAROUT, Appellant, v. James C. TRUSTY and Quality Paving Company, Inc., Appellees.

Supreme Court of Tennessee, at Knoxville.

Petition to Rehear February 11, 1985.

Attorney(s) appearing for the Case

J. Nicklas Holt, Rom Meares, P.C., Maryville, for appellant.

Linda J. Hamilton, Richard W. Kreig, Morton, Lewis, King & Krieg, Knoxville, for appellee.

OPINION

FONES, Justice.

The issue in this workers' compensation case is whether plaintiff was a casual employee of Quality Paving Company and excluded from coverage under T.C.A. § 50-6-106(2). A procedural issue involves the interpretation of T.R.C.P. 58.02(2).

Plaintiff, Robert Yearout, was employed in the first part of July 1982, as a laborer by Quality Paving. Mr. Yearout did not work a regular forty-hour week, but he reported to work daily...

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