Bituminous Casualty Corporation v. Smith

288 S.W.2d 913 (1956)

BITUMINOUS CASUALTY CORPORATION

v.

Elvis Batton SMITH.

Supreme Court of Tennessee.

March 9, 1956.

On Petition to Rehear April 5, 1956.

Claude Callicott, Nashville, for plaintiff-in-error.

James R. Brown, Centerville, for defendant-in-error.

TOMLINSON, Justice.

By reason of an injury compensable under the Workmen's Compensation Statute, T.C.A. § 50-901 et seq., Smith sustained (1) a temporary total disability for 34.67 weeks, and (2) a permanent partial disability of 50% of his body as a whole. His average weekly wage at the time of the injury was $37.50.

The judgment of the trial…