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GOODMAN v. HBD INDUSTRIES, INC.

208 S.W.3d 373 (2006)

Phillip GOODMAN, Sr. v. HBD INDUSTRIES, INC., et al.

Supreme Court of Tennessee, at Knoxville.

November 6, 2006.

Attorney(s) appearing for the Case

David M. Sanders, Knoxville, Tennessee, for the appellant, HBD Industries, Inc.

David H. Dunaway, LaFollette, Tennessee, for the appellee, Phillip Goodman, Sr.

OPINION

WILLIAM M. BARKER, C.J., delivered the opinion of the court, in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ., and E. RILEY ANDERSON, Sp.J., joined.

The sole issue in this workers' compensation action is whether weeks spent absent from work due to a strike are included when calculating an employee's average weekly wage. The employee was on strike for twenty-eight weeks and had been back at work for less than a month before becoming...

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