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HENSON v. CITY OF LAWRENCEBURG

851 S.W.2d 809 (1993)

James D. HENSON, Plaintiff-Appellee, v. CITY OF LAWRENCEBURG, Ivan Johnston, Mayor, and W.O. Smith, Superintendent, TML Risk Management Pool Claims, Defendants-Appellants, and Sue Ann Head, Director of the Division of Workers' Compensation of the State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

March 29, 1993.

Attorney(s) appearing for the Case

James A. Hopper, Hopper & Plunk, P.C., Savannah, for appellants.

Jerry W. Wallace, Parsons, for appellee, James Henson.

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

OPINION

ANDERSON, Justice.

In this workers' compensation action, the trial court awarded the worker 100 percent total disability benefits for a work-related back injury. The responsibility for the judgment was divided on the basis of 45 percent to the employer and 55 percent to the State Second Injury Fund, and it was commuted to a partial lump-sum. On appeal, the employer contends that its apportioned share was excessive. The Second Injury Fund argues that...

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