Blankenship v. Old Republic Insurance Co.

OPINION

HENRY, Justice.

This is a workmen’s compensation case in which the sole issue presented for our determination is whether an employee’s receipt of “Black Lung” benefits under the Federal Coal Mine Health and Safety Act of 1969 1 is conclusive as to the issue of disability in a workmen’s compensation proceeding under § 50-1102, T.C.A.

I

The appellant filed a claim for workmen’s compensation benefits in the Chancery Court at Knoxville on July 22, 1974. In his complaint he alleged that pursuant to his employment with the Gay Coal Company, he “was required to work in air heavily laden with…