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Garry L. Allen, an employee of the City of Gatlinburg, sustained two back injuries in 1992 and 1995. Following the second injury, he was found permanently and totally disabled, with liability apportioned 80% to the City and 20% to the Second Injury Fund. The City appealed, arguing improper apportionment under Tenn.Code Ann. § 50-6-208. The Supreme Court found that the trial court erred by not making a specific finding on the extent of disability caused solely by the second injury without considering the first. Consequently, the case is remanded for a proper determination of the disability attributable to the 1995 injury.
Allen v. City of Gatlinburg is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
Garry L. Allen, an employee of the City of Gatlinburg, sustained two back injuries in 1992 and 1995. Following the second injury, he was found permanently and totally disabled, with liability apportioned 80% to the City and 20% to the Second Injury Fund. The City appealed, arguing improper apportionment under Tenn.Code Ann. § 50-6-208. The Supreme Court found that the trial court erred by not making a specific finding on the extent of disability caused solely by the second injury without considering the first. Consequently, the case is remanded for a proper determination of the disability attributable to the 1995 injury.
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