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(Download) "William T. Presley v. Carl Bennett" by Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free

William T. Presley v. Carl Bennett

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eBook details

  • Title: William T. Presley v. Carl Bennett
  • Author : Court of Criminal Appeals of Texas
  • Release Date : January 09, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

This direct appeal presents the issue of whether the filing of a notice of election of workers compensation coverage with the Department of Labor is mandatory where the parties have agreed to be bound by the Act. Here, the employer-contractor and the subcontractor orally agreed to be bound by the Workers Compensation Act. The contractor withheld funds for workers compensation insurance for the subcontractor and his employees from the subcontractors contract payments, but neither party filed a notice of election of coverage with the Department of Labor pursuant to Tenn. Code Ann. § 50-6-113(e)(1991). We conclude that the statutory filing requirement is directory only, and that substantial compliance with the statute was established by the proof. The judgment of the trial court awarding workers compensation benefits is affirmed.


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