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The Second Injury Fund appealed a trial court's decision holding it liable for 40% of workers' compensation death benefits awarded to Sylvia Delashmit, the widow of deceased police officer John Wayne Delashmit. The trial court had apportioned liability, with 60% to the employer (City of Covington and its insurer) and 40% to the Fund, by interpreting T.C.A. § 50-6-208(b) to include death benefits. The Fund contended that this statute only applies to permanent disability compensation for employees and does not extend to benefits for dependents in death cases. The Supreme Court reversed the trial court's decision, holding that T.C.A. § 50-6-208(b) does not encompass death benefits for dependents and that any expansion of its scope would require legislative action.
Delashmit v. City of Covington 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
The Second Injury Fund appealed a trial court's decision holding it liable for 40% of workers' compensation death benefits awarded to Sylvia Delashmit, the widow of deceased police officer John Wayne Delashmit. The trial court had apportioned liability, with 60% to the employer (City of Covington and its insurer) and 40% to the Fund, by interpreting T.C.A. § 50-6-208(b) to include death benefits. The Fund contended that this statute only applies to permanent disability compensation for employees and does not extend to benefits for dependents in death cases. The Supreme Court reversed the trial court's decision, holding that T.C.A. § 50-6-208(b) does not encompass death benefits for dependents and that any expansion of its scope would require legislative action.
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