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  5. 798 S.W.2d 746 (1990)
 

BURRIS v. CROSS MOUNTAIN COAL CO.

798 S.W.2d 746 (1990)

Robert BURRIS, Plaintiff-Appellee, v. CROSS MOUNTAIN COAL COMPANY, Defendant-Appellee, and Sue Ann Head, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Second Injury Fund, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

November 5, 1990.

Attorney(s) appearing for the Case

David H. Dunaway, Dunaway, Dunaway & Van Hook, LaFollette, for appellee Burris.

Timothy Joe Walker, Reese, Lang & Breeding, London, Ky., for appellee Cross Mountain Coal Co.

Charles W. Burson, Atty. Gen. & Reporter, Dianne Stamey Dycus, Asst. Atty. Gen., Nashville, for appellant Second Injury Fund.

OPINION

DROWOTA, Justice.

This is an appeal by the Tennessee Department of Labor, Second Injury Fund, Defendant-Appellant, from a judgment of the Chancery Court of Campbell County ordering the Second Injury Fund to pay 70% of the benefits due to the employee, Robert Burris, Plaintiff-Appellee, who was determined to be totally and permanently disabled. The issues are (1) whether the Chancellor erred under T.C.A. § 50-6-208

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