Kenneth M. Ward v. Tangent Industries
01S01-9710-CH-00235
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Don R. Ash
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issues are whether the leg injury suffered by the plaintiff was properly apportioned to the body as a whole and whether the Court correctly ordered the award to be paid in a lump sum. A non-issue is whether the trial judge properly awarded interest on the judgment.1 The plaintiff is a 41-year-old single man whose testimony that he finished eighth grade was so suspect as to move the Chancellor to observe "I don't mean to disrespect you Mr. Ward, [but] you probably don't have an eighth grade education," and who is by virtue of that fact and other limitations capable only of basic manual and menial labor. On December 8, 1993 during the course of his job, a heavy bundle of steel fell from a forklift and crushed his left leg and foot. He was initially treated by Dr. Charles Emerson of Murfreesboro, and later by Dr. Joe Luna of Maryville, which was made necessary because he moved to the home of his sister in Blount County. Dr. Luna referred the plaintiff to Dr. Turner, under whose care he remains. To comply with an order to prosecute, the plaintiff was evaluated by an independent medical examiner, Dr. Steven C. Weissfield, on July 28, 1997, who graphically described the crushing injury. Reduced to the necessary, the leg bones were multi-fractured, refused to heal, pieces of them were removed subsequently, screws and pins were inserted; the lower portion of his leg filled with fluid which the experts could not alleviate. Four or more 1Much of the oral argum ent was given over to the propriety of the Court's action in awarding statutory interest on the "full amount," which the Court did not do. The issue of interest was neither raised nor addressed by the trial Court. The subject appeared, for the first time, in the brief of the appellee. 2

01A01-9708-CH-00417
01A01-9708-CH-00417
Trial Court Judge: Henry F. Todd

Lessley vs. Shope, Jr.
01A01-9710-CV-00617
Trial Court Judge: Carol A. Catalano

Postelle vs. Snead, d/b/a: Emergency Chiro.
01A01-9708-CV-00446
Trial Court Judge: Thomas W. Brothers

Knight vs. Lancaster
01A01-9711-CH-00643
Trial Court Judge: L. F. Stewart

Twanda Ward vs. State
01C01-9707-CC-00242

State vs. Ralph Cooper
02C01-9709-CR-00339
Trial Court Judge: W. Fred Axley

State vs. John Gilbreath
01C01-9801-CR-00034

State vs. Clark
03C01-9706-CR-00227
Trial Court Judge: Ben W. Hooper, II

State vs. McCarter
03C01-9707-CC-00238
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Leming
03C01-9709-CC-00426

Susan Todd/State vs. Weakley Co.
02A01-9708-CV-00197
Trial Court Judge: William B. Acree

Sarah Wilkerson vs. Robert Wilkerson
02A01-9709-CV-00231
Trial Court Judge: James E. Swearengen

Ernestine Cole vs. State of TN
02A01-9801-BC-00004

State vs. Chris W. Frame
01C01-9708-CC-00332
Trial Court Judge: Thomas W. Graham

01A01-9806-CH-00304
01A01-9806-CH-00304

Liberty Mutual Ins. v. Larry Brinton, Jr.
03S01-9706-CH-00072
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Sharon Bell,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This appeal presents a novel issue arising from the provisions of T.C.A. _ 5- 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. The complaint alleged plaintiff was the workers' compensation insurance carrier for Macawber Engineering, Inc. and one of their employees, Lonnie D. Roberts, contended he sustained a work-related injury (heart attack) on July 19, 1993, as a result of stress due to overtime work and excessive heat at his workplace; that upon reviewing the claim plaintiff denied the heart attack was work- related and declined to pay benefits and medical expenses; that the claim was reviewed by a workers' compensation specialist who ordered plaintiff to pay temporary total disability benefits of $6,526.52 for a period beginning July 2, 1993 to January 17, 1994, and plaintiff complied with this order; that sometime after February 14, 1994, the Department of Labor determined the claim was not compensable as the heart attack was not work-related; that plaintiff made a demand upon the state Second Injury Fund for a refund which was declined. The complaint alleges that a copy of the state department's order to pay, drafts issued by plaintiff in satisfaction of the order and a copy of the department's order denying plaintiff's claim were attached to the complaint as exhibits but the certified record does not contain any of these documents. Defendant answered the complaint by alleging it was without sufficient information or knowledge to form a belief as to the allegations and strict proof of same was demanded. For further answer it was alleged that T.C.A. _ 5-6-238 allowed a workers' compensation insurance carrier to receive a refund under circumstances as alleged in the complaint when the Defendant was furnished a copy of a court order finding the claim was not compensable and since no such order had been submitted to it, the claim for a refund was premature. 2

Allen vs. Wiseman
01A01-9710-CV-00565
Trial Court Judge: Bobby H. Capers

Donoho vs. Donoho, Jr.
01A01-9802-CV-00070
Trial Court Judge: Bobby H. Capers

Nashville Electric Service vs. Stone
01A01-9708-CV-00383
Trial Court Judge: Walter C. Kurtz

Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Trial Court Judge: John W. Rollins

Trail vs. Transportation Management Svcs., et. al.
01A01-9607-CH-00314
Trial Court Judge: Robert E. Corlew, III

03C01-9704-CC-00146
03C01-9704-CC-00146
Trial Court Judge: Buddy D. Perry

State vs. Welcome
03C01-9709-CR-00387

Mark S. Tidman and Evelyn J. Tidman v. The Salvation Army, Bertha Worthy, Kenneth E. Brewer, Fred Ruth - Concuring
01-A-01-9708-CV-00380
Authoring Judge: Judge Henry F. Todd
Trial Court Judge: Judge Walter C. Kurtz

Two former Salvation Army officers, a husband and wife who had been demoted and discharged, sued their superior officers and The Salvation Army itself for invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, and outrageous conduct. The Circuit Court of Davidson County dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm, and hold, in addition, that the defendants’ actions were protected by the First Amendment to the United States Constitution.