Bobby L. Marlowe v. Vulcan Materials Co.
03S01-9605-CH-00058
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Billy Joe White,
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 appeal has resulted from a finding by the trial court that plaintiff, Bobby L. Marlowe, was entitled to 1% disability benefits due to contracting an occupational disease while in the employment of his employer, defendant Vulcan Materials Company. Defendant Vulcan contends the Chancellor was in error (1) in ruling the statute of limitations had not expired; (2) in finding plaintiff had been exposed and injured while in its employment; and (3) in finding plaintiff was totally disabled. Plaintiff was 55 years of age and had completed the 9th grade. He has a long history of having worked under conditions exposing himself to smoke, dust, etc. He spent about 16 years working in a steel foundry; about 1 years working for various coal companies; and about 5 years with Vulcan at various quarry sites where his exposure was to rock dust. When he first reported to work with Vulcan in 1988, he had a chest x-ray which apparently was not indicative of any problems. He began having some breathing problems sometime in 1991 and was x-rayed. As a result of this examination, he received a form letter dated January 13, 1992 from a medical clinic in Birmingham, Alabama. This informed him that his x-ray showed "abnormalities consistent with pneumoconiosis" and advised he needed to see a physician. Vulcan sent him to see a specialist in Kingsport, telling him the x- ray indicated something was wrong. There is no direct evidence as to the findings by this doctor. Plaintiff continued to work, saying he did not know what was wrong. Sometime later in his employment, he told the court, his condition began to worsen. He described this as noticing a greater shortness of breath and said any exertion would result in his being completely out of breath. Mr. Howell, the safety director of Vulcan, discussed the situation with him and said they would try to work with him and keep him out of as much dust as possible. At some later 2

Fisher & Bell vs. Metro Gov't.
01A01-9609-CV-00402
Trial Court Judge: Walter C. Kurtz

Houser vs. Traughber
01A01-9610-CH-00483
Trial Court Judge: Robert S. Brandt

Davis vs. Burson
01A01-9610-CH-00498
Trial Court Judge: Ellen Hobbs Lyle

01A01-9604-CH-00362
01A01-9604-CH-00362
Trial Court Judge: Samuel L. Lewis

Brooks vs. Brooks
01A01-9607-CV-00312
Trial Court Judge: M. Shipley

Jones vs. Jones
01A01-9607-CV-00346
Trial Court Judge: Thomas Goodall

State Farm & Casualty vs. Pickral, et. ux.
01A01-9609-CV-00409
Trial Court Judge: Thomas Goodall

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

State vs. Robert Rayford
02C01-9702-CR-00079

Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon. Robert S. Brandt,

Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: HON. ROBERT S. BRANDT
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

03C01-9603-CC-00088
03C01-9603-CC-00088

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

03A01-9607-JV-00234
03A01-9607-JV-00234

03A01-9608-CH-00247
03A01-9608-CH-00247

Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
Authoring Judge: W. Neil Thomas, III
Trial Court Judge: Jerri Bryant, Chancellor
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.

Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. George H. Brown, Jr.
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.

03C01-9506-CR-00160
03C01-9506-CR-00160
Trial Court Judge: E. Eugene Eblen

03C01-9608-CC-00284
03C01-9608-CC-00284

Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042

Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Trial Court Judge: Ellen Hobbs Lyle

Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Trial Court Judge: Ellen Hobbs Lyle

Ulrich vs. Ulrich
01A01-9606-CV-00264
Trial Court Judge: Thomas Goodall