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MANNERY v. WAL-MART DISTRIBUTION CENTER

69 S.W.3d 193 (2002)

Robert Phillip MANNERY v. WAL-MART DISTRIBUTION CENTER.

Supreme Court of Tennessee, at Knoxville.

March 1, 2002.

Attorney(s) appearing for the Case

B. Chadwick Rickman, Knoxville, Tennessee, for the appellant, Wal-Mart Distribution Center.

John T. Milburn Rogers, Greenville, Tennessee, for the appellee, Robert Phillip Mannery.

OPINION

FRANK F. DROWOTA, III, C.J., delivered the opinion of the court, in which E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, joined.

The dispositive issue in this workers' compensation appeal is factual: whether the right inguinal hernia for which the plaintiff claims recovery existed prior to the work-related accident that occurred on April 24, 1998. If the hernia existed prior to the accident, recovery is barred by Tenn.Code Ann. §...

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