Partin v. Old Republic Insurance Co.

OPINION

FONES, Justice.

This is a workmen’s compensation case. The trial court denied benefits for coal miner’s pneumoconiosis under T.C.A. § 50-1102 because plaintiff previously had been awarded 100% total permanent disability as a result of traumatic injuries sustained in February 1975, from which he has not recovered.

The proof showed that plaintiff, James H. Partin, age fifty-eight with a third-grade education, had been working in coal mines since age ten. In February 1975 plaintiff was seriously injured in an underground coal mine cave-in while employed by the Shadduck Coal Company.…