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RILEY v. INA/AETNA INS. CO.

825 S.W.2d 80 (1992)

Quinton RILEY, Plaintiff-Appellee, v. INA/AETNA INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant. Sue Ann HEAD, Director of Division of Workers' Compensation, Department of Labor, State of Tennessee (Second Injury Fund), Defendant-Appellee, v. CARTER-CLICK COMPANY, INC., and Employers Insurance of Wausau, Third-Party Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

February 10, 1992.

Attorney(s) appearing for the Case

Robert O. Binkley, Jr., Lynn S. Binkley, Jackson, for defendant-third-party plaintiff-appellant.

Robert L. Sabbatini, Shuttleworth, Smith, Webb, McNabb and Williams, Memphis, for third-party defendant-appellee.

Ricky L. Boren, Hill, Boren, Drew & Martindale, Jackson, for plaintiff-appellee.

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

OPINION

DROWOTA, Justice.

This workers' compensation case presents an appeal by Defendant-INA/AETNA Insurance Company of the trial court's award to Plaintiff-employee, Quinton Riley, of 30 percent permanent partial disability to the body as a whole. Defendant contends the trial court erred by failing to apply the "last injurious injury rule."

On March 7, 1989, Plaintiff Quinton Riley, a 44 year old truck driver with an existing 40 percent disability...

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