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ELMORE v. FLEETGUARD

No. M2008-02374-WC-R3-WC.

309 S.W.3d 901 (2009)

Robbie Edwina ELMORE v. FLEETGUARD, et al.

Supreme Court of Tennessee, Special Workers' Compensation Appeals Panel, at Nashville.

November 3, 2009.

Order Directing Publication December 4, 2009.

Attorney(s) appearing for the Case

Frederick R. Baker, Cookeville, Tennessee, for the appellant, Fleetguard.

Craig P. Fickling, Cookeville, Tennessee, for the appellee, Robbie Edwina Elmore.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Joshua Davis Baker, Assistant Attorney General, for the appellee, Tennessee Department of Labor and Workforce Development, Second Injury Fund.

MEMORANDUM OPINION

DONALD P. HARRIS, SR., J., delivered the opinion of the court, in which CORNELIA A. CLARK, J., and JEFFREY S. BIVINS, SP. J., joined.

In this workers' compensation case, the employee, Robbie Edwina Elmore, sustained compensable gradual injuries to her neck, shoulders and arms. The trial court made three separate awards, which totaled 122% to the body as a whole. On appeal, the employer, Fleetguard, and the Second Injury Fund contend that...

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