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PHILLIP MORRIS USA v. JAMES

No. CA 02-76.

83 S.W.3d 441 (2002)

79 Ark.App. 72

PHILLIP MORRIS USA and Lumbermens Mutual Casualty Company, v. Gerald JAMES.

Court of Appeals of Arkansas, Division III.

September 4, 2002.

Attorney(s) appearing for the Case

Rieves, Rubens & Mayton, by: Eric Newkirk, West Memphis, for appellant.

Martin & Kicklak Law Firm, by: Mark L. Martin, Fayetteville, for appellee.

ANDREE LAYTON ROAF, Judge.

Phillip Morris USA and its insurance carrier, Lumbermens Mutual Casualty Company ("Phillip Morris") appeal from a decision of the Workers' Compensation Commission. The Commission found that Phillip Morris was not entitled to a credit against appellee Gerald James's third-party tort settlement with Trans World Express airline, which related to a compensable injury James suffered when he fell while exiting an airplane, because James was not...

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