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RHODES v. CAPITAL CITY INS. CO.

154 S.W.3d 43 (2004)

Denny Lee RHODES v. CAPITAL CITY INSURANCE COMPANY and James Farmer, Director, Department of Labor, Second Injury Fund.

Supreme Court of Tennessee, at Jackson.

December 16, 2004.

Attorney(s) appearing for the Case

Ricky L. Boren and Jeffrey P. Boyd, Jackson, Tennessee, for the appellant, Denny Lee Rhodes.

David J. Deming and Michael L. Haynie, Nashville, Tennessee, for the appellee, Capital City Insurance Company.

Paul G. Summers, Attorney General and Reporter; and Richard M. Murrell, Assistant Attorney General, for appellee, Second Injury Fund.

OPINION

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

The issue in this case is whether an award of permanent total disability should commence when the employee reaches maximum medical improvement or on the last day that the employee is able to work due to the injury. The trial...

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