X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

State vs. James Dantes
02C01-9705-CC-00184
Trial Court Judge: Jon Kerry Blackwood

State vs. Carl Saine
02C01-9710-CC-00399

Henley vs. State
01S01-9703-CC-00056
Trial Court Judge: J. O. Bond

Henley vs. State
01S01-9703-CC-00056

State vs. James Bingham, Jessie Baker, and Donald Patterson
01C01-9604-CC-00159
Trial Court Judge: Gerald L. Ewell, Sr.

Smith v. Zurich
03S01-9701-CV-00004
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Ben K. Wexler,
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 plaintiff alleged he had sustained permanent impairment as a result of an accident on November 8, 1994, while employed by the defendant. The trial judge dismissed the petition. We affirm the judgment. There is no dispute concerning the occurrence of an on-the-job accident which was a fall by the plaintiff. The only medical evidence in the case was the deposition of Dr. John H. Bell, an orthopedic surgeon. Dr. Bell found the plaintiff had suffered contusions and a sprain of his lower spine as a result of the fall. This was superimposed upon a pre- existing lumbosacral disc disease. Dr. Bell testified there was no anatomic evidence the disc disease was aggravated by the injury, and that the fall caused the pre-existing condition to become painful. Further, the plaintiff had told Dr. Bell he had a previous back pain episode, as well as intermittent back pain prior to the fall. Dr. Bell testified the plaintiff complained of pain but there was no anatomical change associated with the pain. Dr. Bell was of the opinion the back strain had healed. He further testified it is not uncommon for a person with an arthritic or a degenerative condition to be free of symptoms but that these conditions may become symptomatic as a result of an injury. Dr. Bell found the plaintiff had a 5 percent permanent medical impairment because of the condition of his back. Dr. Bell fixed restrictions upon the plaintiff. Dr. Bell testified, however, that he placed these restrictions upon the plaintiff because of the plaintiff's complaint of pain, which Dr. Bell associated with the pre- existing condition rather than the fall. The plaintiff presented lay testimony to support his contention that he was disabled. However, in all but the most obvious cases, there must be medical evidence to show an impairment exists, and its connection to the work injury. 2

State vs. Gayle Parsons
01C01-9607-CC-00311
Trial Court Judge: William M. Barker

Brumit vs. Summar
01A01-9703-CV-00109
Trial Court Judge: Don R. Ash

Richardson vs. Richardson
01A01-9704-CH-00169
Trial Court Judge: Tyrus H. Cobb

Mulle vs. Yount
01A01-9704-CV-00161
Trial Court Judge: Muriel Robinson

Mulle vs. Yount
01A01-9704-CV-00161
Trial Court Judge: Muriel Robinson

Rasmussen vs. Rasmussen
01A01-9705-CH-00211
Trial Court Judge: Alex W. Darnell

Darrell Turner v. Brian W. Skelly
01A01-9708-CV-00376
Authoring Judge: Presiding Judge Henry F. Todd
Trial Court Judge: Judge Thomas Goodall

The plaintiff, Darrell Turner, has appealed from a jury verdict and judgment dismissing his suit against the defendant, Brian W. Skelly for personal injuries sustained when the right rear view mirror of a pick-up truck operated by defendant, Brian w. Skelly, struck plaintiff’s left elbow as he walked on the right edge of the road at 8:30 p.m. after dark.

ABC Supply Co., Inc. vs. U.S. Fidelity & Guaranty
01A01-9702-CH-00081
Trial Court Judge: Henry Denmark Bell

Ferrell vs. McCrae, Jr.
01A01-9703-CV-00100
Trial Court Judge: Walter C. Kurtz

Demontbreun vs. Demontbreun
01A01-9703-GS-00129
Trial Court Judge: Barry R. Brown

Maynord vs. Norris
01A01-9704-CV-00179
Trial Court Judge: John J. Maddux

Rasmussen vs. Rasmussen
01A01-9705-CH-00211

Garrett vs. State
03C01-9603-CR-00111
Trial Court Judge: Ray L. Jenkins

Gregg vs. State
03C01-9705-CC-00188

01C01-9612-CR-00528
01C01-9612-CR-00528

State vs. William Watkins and Jonathan Davis
01C01-9701-CC-00004

State vs. Scotty Wright
01C01-9609-CR-00414
Trial Court Judge: Leon C. Burns, Jr.

01C01-9610-CC-00429
01C01-9610-CC-00429