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James E. Lock v. National Union Fire

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eBook details

  • Title: James E. Lock v. National Union Fire
  • Author : Supreme Court of Tennessee
  • Release Date : January 15, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

In this workers' compensation appeal Plaintiff-Appellant, James E. Lock, seeks recovery for injuries received in two accidents,
the first occurring on October 22, 1987, and the second on July 10, 1988. Plaintiff has raised numerous issues on appeal dealing
with temporary total disability, permanent partial disability, permanent total disability, the Second Injury Fund and the
lump sum award of benefits. The Defendant National Union Fire Insurance Company raises the issue of the trial court's post-trial
award of litigation expenses as discretionary costs pursuant to Rule 54.04(2), Tenn. R. Civ. P. The Chancellor found that Plaintiff suffered two work-related injuries in the course and scope of his employment. He found
that as a result of the first accident, Plaintiff suffered a 25 percent disability to his left foot, and as a result of the
second accident, Plaintiff suffered a 35 percent disability to his right arm. The Chancellor found that Plaintiff reached
his maximum medical improvement on April 27, 1989. He also found that lifetime medical treatments and benefits should be provided
for Plaintiff by the Defendant for both accidents. The Chancellor concluded by finding no showing of a special need to justify
a lump sum award of benefits. The Chancellor assessed additional costs against the Defendant pursuant to Rule 54.04(2), Tenn.
R. Civ. P. in the amount of $1,818.25. The Defendant Sue Ann Head was dismissed.


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