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WHITESIDE v. MORRISON, INC.

799 S.W.2d 213 (1990)

James W. WHITESIDE, Plaintiff-Appellee, v. MORRISON, INC., Defendant and Third Party Plaintiff-Appellant, and Sue Ann Head, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Third Party Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

November 13, 1990.

Attorney(s) appearing for the Case

Alan C. DeBusk, Susan E. Jackson, Schulman, LeRoy & Bennett, P.C., Nashville, for defendant-appellant.

Nathan Harsh, Harsh, Kelly & Smith, Gallatin, for plaintiff-appellee.

Charles W. Burson, Atty. Gen. and Reporter, Dianne Stamey Dycus, Asst. Atty. Gen., Nashville, for third party defendant-appellee.

OPINION

DROWOTA, Judge.

The sole issue in this workers' compensation appeal is whether the trial court erred in dismissing an action filed pursuant to T.C.A. § 50-6-208 by the employer, Morrison, Inc., Defendant and Third-Party Plaintiff, against the Second Injury Fund, Third-Party Defendant, for a portion of workers' compensation benefits awarded to the employee, James W. Whiteside, Plaintiff-Appellee. For the reasons set forth below, we reverse the...

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