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ALLEN v. TURNER

Civ. 7432.

574 So.2d 817 (1990)

J.G. ALLEN, Director, Department of Industrial Relations, as Trustee of the Second Injury Trust Fund v. James Willard TURNER.

Court of Civil Appeals of Alabama.

July 18, 1990.

Attorney(s) appearing for the Case

George Cocoris, Gen. Counsel and Craig A. Donley, Asst. Gen. Counsel, Dept. of Indus. Relations, Montgomery, for appellant.

William T. Denson, Homewood, for appellee.

RUSSELL, Judge.

This is a workmen's compensation case.

The employee, James Willard Turner, was awarded compensation for a second injury, and liability was assessed against the Second Injury Trust Fund (Fund). The Department of Industrial Relations (Department) appeals. We affirm.

The dispositive issue is whether the Department complied with the sixty-day time limit for denial of liability of the Fund as mandated by § 25-5-74, Ala.Code 1975 (1986...

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