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PRESLEY v. BENNETT

860 S.W.2d 857 (1993)

William T. PRESLEY, Plaintiff-Appellee, v. Carl BENNETT, d/b/a Bennett Roofing Co., and Liberty Mutual Insurance Company, Defendants-Appellants.

Supreme Court of Tennessee, at Knoxville.

August 9, 1993.

Attorney(s) appearing for the Case

Weldon E. Patterson, Poore, Cox, Baker, Ray & Byrne, Knoxville, for defendants-appellants.

Ralph Brown, Maryville, for plaintiff-appellee.

OPINION

ANDERSON, Justice.

This direct appeal presents the issue of whether the filing of a notice of election of workers' compensation coverage with the Department of Labor is mandatory where the parties have agreed to be bound by the Act. Here, the employer-contractor and the subcontractor orally agreed to be bound by the Workers' Compensation Act. The contractor withheld funds for workers' compensation insurance for the subcontractor and his employees...

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