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eBook details

• Title: Travelers Insurance Company and Thomas A.
• Author : Supreme Court of Tennessee
• Release Date : January 17, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

COOPER, Justice. OPINION This is an appeal by Thomas A. Wiseman, Jr., Treasurer of the State of Tennessee and Custodian of the Second Injury Fund, from that part of a judgment entered in the Circuit Court of Shelby County, awarding Willie B. Austin workmen's compensation benefits to be paid by the Second Injury Fund. Appellant insists the trial court erred in holding that appellee's claim against the Second Injury Fund was not barred by the statute of limitations. The record shows that appellee, Willie B. Austin, filed a petition on November 6, 1972, seeking to recover workmen's compensation benefits from Travelers Insurance Company and Cash Iron Company of Memphis, his employer. Appellee alleged that he sustained a back injury on November 16, 1971, in the course and scope of his employment, gave details of his injury and treatment, including surgery on July 2, 1972, and charged that he was totally disabled on the open labor market as the result of the injury. He further charged that the defendants had wrongfully terminated all benefits, including payment of medical expenses, as of February 2, 1972.

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