Totherow v. Penn Dixie Industries, Inc.

OPINION

BROCK, Chief Justice.

In this workmen’s compensation case the defendant, Penn-Dixie Cement Industries, Inc., appeals from a decision in favor of the plaintiff, Samuel Austin Totherow, who was awarded permanent total disability benefits. The defendant contends that there is no material evidence in the record to support the finding of the Chancellor that the plaintiff’s lung condition is an occupational disease compensable under T.C.A., § 50-1101.1 Supporting its contention the defendant asserts the following propositions: (1) The plaintiff’s condition did not have its origin in a risk…