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This appeal addresses a worker's compensation benefits dispute concerning a widower with no dependent children, specifically whether benefits should be calculated under Subsection (e)(1) or Subsection (e)(12) of T.C.A., § 50-1013. The trial court, finding ambiguity, awarded 66⅔% of the deceased's average weekly wage under Subsection (e)(12). However, the appellate court reversed this decision, clarifying that Subsection (e)(1) specifically covers a widower with no dependent children, mandating 50% of the average weekly wage. The court determined that Subsection (e)(12) applies only to cases with plural actual dependents, thus resolving the statutory interpretation. The case was remanded to the lower court for proceedings consistent with this ruling.
Schultz v. Majik Market is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
This appeal addresses a worker's compensation benefits dispute concerning a widower with no dependent children, specifically whether benefits should be calculated under Subsection (e)(1) or Subsection (e)(12) of T.C.A., § 50-1013. The trial court, finding ambiguity, awarded 66⅔% of the deceased's average weekly wage under Subsection (e)(12). However, the appellate court reversed this decision, clarifying that Subsection (e)(1) specifically covers a widower with no dependent children, mandating 50% of the average weekly wage. The court determined that Subsection (e)(12) applies only to cases with plural actual dependents, thus resolving the statutory interpretation. The case was remanded to the lower court for proceedings consistent with this ruling.
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