Legal Opinion · Dissent

Johnson v. Chattanooga-Hamilton County Hospital Authority

Tennessee Supreme Court

Decided April 18, 1988Published

1Dissent

HERSCHEL P. FRANKS, Special Judge,

dissenting.

The statutory exceptions to Workers’ Compensation coverage, as interpreted by the majority, would read:

T.C.A., § 50-6-106. Employments not covered —The Workers’ Compensation Law shall not apply to:

[[Image here]](5) The state of Tennessee, counties thereof and municipal corporations; [and public not for profit corporations].

The majority’s construction of the statute Joes not comport with time honored rules of construction. “In order not to defeat the purpose of the legislation, the court must strictly construe exceptions to that purpose, and give…

2Cases cited5 opinions

  1. Burnett v. MaloneyTennessee Supreme Court · 1896
  2. Chattanooga-Hamilton County Hospital Authority v. City of ChattanoogaTennessee Supreme Court · 1979
  3. Fountain City Sanitary District v. Knox County Election CommissionTennessee Supreme Court · 1957
  4. Adams v. Petal Mun. Separate School SystemsMississippi Supreme Court · 1986
  5. City of Kingsport v. QuillenTennessee Supreme Court · 1974

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