LIVELY v. UNION CARBIDE CORPORATION

No. E2012-02136-WC-RJ-WC.

Armethia D. Lively Ex Rel. Robert E. Lively v. UNION CARBIDE CORPORATION.

Supreme Court of Tennessee, Special Workers' Compensation Appeals Panel, at Knoxville.

Filed August 13, 2013.


Attorney(s) appearing for the Case

Loring Justice and B. Chadwick Rickman , Knoxville, Tennessee, for the appellant, Armethia D. Lively.

Kristi McKinney Stogsdill , Oak Ridge, Tennessee, for the appellee, Union Carbide Corporation.

GARY R. WADE, C.J., delivered the opinion of the Court, in which E. RILEY ANDERSON, SP. J., and JON KERRY BLACKWOOD, SR. J., joined.


OPINION

GARY R. WADE, Chief Justice.

Upon the death of her husband from asbestos-related pulmonary disease, the plaintiff filed suit for workers' compensation benefits. Because her husband had previously settled a disability claim for 400 weeks of benefits, the employer denied the claim. The trial court awarded the funeral expenses of the husband but declined to grant benefits to the plaintiff as his dependent over and above the amount of the settlement...

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