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| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 02/28/00 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 02/28/00 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Blount County | Court of Appeals | 02/28/00 | |
| E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV
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Court of Appeals | 02/28/00 | ||
| E1999-00557-CCA-MR3-CD
E1999-00557-CCA-MR3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 02/28/00 | |
| ) Hon. F Rank v. Will Iams, Iii
E1999-1570-COA-R3-CV
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Court of Appeals | 02/28/00 | ||
| E1999-01610-COA-R3-CV
E1999-01610-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
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Polk County | Court of Appeals | 02/28/00 | |
| E1999-02128-COA-R3-CV
E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
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Washington County | Court of Appeals | 02/28/00 | |
| E1999-01501-COA-R3
E1999-01501-COA-R3
|
Court of Appeals | 02/28/00 | ||
| E1999-01033-COA-R3-CV
E1999-01033-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| David Coleman v. Lumberman's Mutual Casualty Co.
W1998-00948-SC-WCM-CV
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). This Court now determines where the preponderance of the evidence lies.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Neal Small, Chancellor |
Shelby County | Workers Compensation Panel | 02/28/00 | |
| Jacqueline Lindbloom v. Metro 8 Sheet Metal, Inc.
03S01-9810-CH-00115
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant raises two issues for consideration by the Court: 1) whether the Trial Court's award of permanent partial disability payments of forty percent to the leg is supported by the facts and the evidence, and 2) whether an award for temporary partial disability benefits is justified by the evidence. After consideration of all of the evidence and the applicable law, we find that the judgment of the Trial Court should be modified with respect to both issues, and otherwise affirmed and remanded.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Hon. W. Frank Brown, III |
Knox County | Workers Compensation Panel | 02/28/00 | |
| Barry L. Blackwell v. Madison County Sheriff's Dept.
W1998-00280-SC-WCM-CV
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case arises out of heart problems suffered by a sheriff's deputy. The trial court found that the plaintiff was entitled to the statutory presumption in Tennessee Code Annotated _ 7-5-21(a)(1) allowing the court to presume that a law enforcement officer's heart problems are work-related. The trial court found that the plaintiff suffered a 3 percent permanent partial disability to the body as a whole from this injury. Further, the trial court found that a bomb scare on June 3, 1996, was a precipitating factor that caused the plaintiff's problems. The defendant appeals the decision of the trial court, alleging that the court erred in finding that the plaintiff was entitled to the statutory presumption of causation. The plaintiff argues that the trial court correctly found that the presumption applies. He further argues that, even without the presumption, the preponderance of the evidence establishes that the plaintiff's injury arose out of and in the course of his employment with the defendant. Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991). After a review of the entire record, briefs of the parties and applicable law, we REVERSE the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris |
Madison County | Workers Compensation Panel | 02/28/00 | |
| M1999-00019-R3-CD
M1999-00019-R3-CD
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Court of Criminal Appeals | 02/25/00 | ||
| State vs. Deborah Leigh Goins
M1998-00758-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| Thomas Freeman vs. State
M1999-00177-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
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Marshall County | Court of Criminal Appeals | 02/25/00 | |
| M1998-00020-CCA-R3-CD
M1998-00020-CCA-R3-CD
Authoring Judge: Judge John H. Peay
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Davidson County | Court of Criminal Appeals | 02/25/00 | |
| Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams
W1999-00229-COA-R3-CV
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Weakley County | Court of Appeals | 02/25/00 | |
| 03C01-9905-CR-00184
03C01-9905-CR-00184
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Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| 03C01-9905-CR-00199
03C01-9905-CR-00199
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Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
E1999-01528-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
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Hamilton County | Court of Appeals | 02/25/00 | |
| Dorothy Tharp vs. Lenita Kay Tharp
E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Court of Appeals | 02/25/00 | ||
| State vs. Joseph John Henry Morrell
E1999-00924-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
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Sullivan County | Court of Criminal Appeals | 02/25/00 | |
| State of Tennessee, ex rel., Mickey Phillips, vs. Gwen Knox
E1999-00205-COA-R3-CV
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
Authoring Judge: Judge Charles D. Susano, Jr.
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Anderson County | Court of Appeals | 02/25/00 | |
| 01C01-9901-CR-00021
01C01-9901-CR-00021
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 |