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DELASHMIT v. CITY OF COVINGTON

889 S.W.2d 206 (1994)

Sylvia DELASHMIT, as surviving spouse and personal representative of the Estate of John Wayne Delashmit, deceased, Plaintiff-Appellee, v. CITY OF COVINGTON, TML Risk Management Pool Claims/Tennessee Municipal League, Workers' Compensation Carrier for the City of Covington, Defendant-Appellee, and Sue Ann Head, Director, Division of Workers' Compensation, Second Injury Fund, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

November 14, 1994.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter and Dianne Stamey Dycus, Senior Counsel, Nashville, for appellant Second Injury Fund.

J. Houston Gordon, Covington, for plaintiff-appellee.

David M. Cook and W. Timothy Hayes, Jr., the Hardison Law Firm, Memphis, for defendant-appellee.

OPINION

DROWOTA, Justice.

This is an appeal by Sue Ann Head, Director, Division of Workers' Compensation, Second Injury Fund (the Fund), in which it is alleged that the trial court erred in holding the Fund liable for 40 percent of the award of workers' compensation death benefits to the Plaintiff. The Fund contends that death benefits in workers' compensation cases are not recoverable from the Fund. The legal issue, one of first impression, is: Does...

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