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ALLEN v. CITY OF GATLINBURG

36 S.W.3d 73 (2001)

Garry L. ALLEN v. CITY OF GATLINBURG, et al.

Supreme Court of Tennessee, at Knoxville.

January 19, 2001.

Attorney(s) appearing for the Case

John T. Batson, Jr., and Nathan D. Rowell, Knoxville, TN, for appellants, City of Gatlinburg and Tennessee Municipal League Risk Management Pool.

Richard T. Wallace, Sevierville, TN, for appellee, Garry L. Allen.

Kathleen W. Stratton, Nashville, TN, for appellee, Second Injury Fund.

OPINION

BIRCH, J., delivered the opinion of the court, in which DROWOTA, HOLDER and BARKER, JJ., joined.

This case requires us to interpret subsections (a) and (b) of the Second Injury Fund statute, Tenn.Code Ann. § 50-6-208 (1999). Garry L. Allen, sustained two injuries while working for the City of Gatlinburg; the first occurred in 1992, and the second in 1995. As a result of the 1992 injury, Allen was awarded benefits for a 20 percent permanent partial...

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