DEATH AND DISABILITY FUND v. TYSON FOODS, INC.

No. CA 90-37.

798 S.W.2d 120 (1990)

32 Ark.App. 138

DEATH AND PERMANENT TOTAL DISABILITY TRUST FUND, Appellant, v. TYSON FOODS, INC., Appellee.

Court of Appeals of Arkansas, En Banc.

Reversed January 28, 1991.


Attorney(s) appearing for the Case

David Pake, Little Rock, for appellant.

Angela Doss, W.W. Bassett, Jr., Fayetteville, for appellee.


ROGERS, Judge.

The appellant, Death and Permanent Total Disability Trust Fund, appeals from an adverse decision of the Workers' Compensation Commission, which held that the appellee, Tyson Foods, Inc., may, in calculating its statutory maximum liability of $50,000, receive credit for the lump sum payment made to the surviving spouses upon remarriage. The sole issue on appeal is whether as a matter of law the Commission erred in its finding. We find no error and affirm...

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