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James C. Tucker, a 59-year-old employee of Foamex, L.P., suffered a left shoulder injury in May 1998, leading to a 92 percent permanent partial disability. The trial court awarded him 368 weeks of workers' compensation benefits. Foamex, L.P. appealed, arguing that under Tenn.Code Ann. § 50-6-207(4)(A)(i), Tucker's benefits should be capped at age 65. The Tennessee Supreme Court affirmed the trial court's judgment, ruling that the age-65 limitation in the statute does not apply to employees under 60 who sustain a permanent partial disability to the body as a whole, thus allowing Tucker to receive benefits past his sixty-fifth birthday. The Court noted potential anomalies in the statute and encouraged legislative review.
Tucker v. Foamex, L.P. 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
James C. Tucker, a 59-year-old employee of Foamex, L.P., suffered a left shoulder injury in May 1998, leading to a 92 percent permanent partial disability. The trial court awarded him 368 weeks of workers' compensation benefits. Foamex, L.P. appealed, arguing that under Tenn.Code Ann. § 50-6-207(4)(A)(i), Tucker's benefits should be capped at age 65. The Tennessee Supreme Court affirmed the trial court's judgment, ruling that the age-65 limitation in the statute does not apply to employees under 60 who sustain a permanent partial disability to the body as a whole, thus allowing Tucker to receive benefits past his sixty-fifth birthday. The Court noted potential anomalies in the statute and encouraged legislative review.
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