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HENLEY v. ROADWAY EXP.

699 S.W.2d 150 (1985)

Virgil L. HENLEY, Appellee, v. ROADWAY EXPRESS, Appellant.

Supreme Court of Tennessee, at Knoxville.

October 21, 1985.

Attorney(s) appearing for the Case

David P. Hawley, Ben Duggan, Chattanooga, for appellant; Duggan, McDonald & Hawley, of counsel.

J. Troy Wolfe, Carla A. Hudson, Chattanooga, for appellee; Wolfe & Hudson, of counsel.

OPINION

FONES, Justice.

This is a direct appeal in a worker's compensation case by the employer from a decree awarding plaintiff, the employee, 75% permanent partial disability of the body as a whole. The determinative issue is whether plaintiff's mental disorder, depressive neurosis, which was alleged to have been caused or aggravated by third shift work and an inability to sleep in the daytime, arose out of and in the scope of his employment.

The...

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