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SIMS v. BITUMINOUS CAS. CORP.

798 S.W.2d 751 (1990)

Carroll Lee SIMS, Plaintiff-Appellee, v. BITUMINOUS CASUALTY CORPORATION, Fire & Marine Insurance Co., Watauga Industries, Defendants-Appellees, 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

Steven C. Rose, Kingsport, for defendants-appellees.

William J. Byrd, David W. Bush, Elizabethton, for plaintiff-appellee.

Charles W. Burson, Atty. Gen. & Reporter, Diane Stamey Dycus, Asst. Atty. Gen., Nashville, for defendant-appellant.

OPINION

DROWOTA, Justice.

This is an appeal by the Tennessee Department of Labor, Second Injury Fund, Defendant-Appellant, from a judgment of the Circuit Court for Carter County, ordering the Second Injury Fund to pay 50 percent of the benefits due to the employee, Carroll Lee Sims, Plaintiff-Appellee, who was determined to be totally and permanently disabled. The issues are (1) whether the trial court erred under T.C.A. § 50-6-208 in apportioning the...

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