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| State vs. William R. Begley, III
03C01-9810-CR-00359
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/20/99 | |
| Kenneth Kerr v. Municipal Corp.
03S01-9803-CV-00032
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, 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 more 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). The trial judge entered a judgment in favor of the plaintiff and fixed his recovery at 25 percent permanent partial disability to the body as a whole. The defendant says the evidence preponderates against the judgment. We agree with the defendant and reverse the judgment and dismiss this case. On July 11, 1994, the plaintiff was involved in an automobile accident while in the course of his employment with the defendant. The plaintiff was treated by Dr. Archer W. Bishop, Jr., an orthopedic surgeon, whose report was submitted as medical evidence in the case. Dr. Bishop's report, in essence, shows that the plaintiff had some degenerative disc disease and that he had some temporary symptoms as a result of the accident but no permanent effects therefrom. Dr. Bishop found the plaintiff had a five percent medical impairment as a result of the degenerative disc disease but no impairment as a result of the accident. The plaintiff testified concerning pain and difficulties which he was having. This is called greatly into question by Dr. Bishop's findings concerning pain: He states that he is having severe pain in his back. He even described pain in his hair, in his neck and in his skin. He seems to have complaints that outweigh his findings. Because of the complaints of pain, Dr. Bishop had an MRI done on the plaintiff. This showed no support for the plaintiff's complaints of pain. The plaintiff sought the opinion of Dr. Wade H. Penny, III, an orthopedic surgeon. Dr. Penny's report is not enlightening. It is somewhat vague as to the 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Rex Henry Ogle, |
Knox County | Workers Compensation Panel | 10/20/99 | |
| Carl Loving v. Liberty Mutual Ins. Co.
03S01-9805-CH-00050
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 suffered a back injury in a job-related accident on November 4, 1996. The contested issue was the extent of permanent disability, which the Chancellor found was 65 percent to the whole body. The defendant disagrees, appeals, and presents the issues of excessiveness and the allowance of discretionary costs for review, which is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of fact, 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 plaintiff, age 48, has been married 26 years, is a high school graduate, and has worked as a car salesman most of his adult life. But on November 4, 1996, he was otherwise employed at a job which required heavy lifting. While lifting a barrel filled with liquid weighing about 6 pounds, he injured his lower back, which eventually required surgery. He was released to return to work and "just sat around answering the telephone" for two weeks before he was terminated as unable to do the required work. He testified that he has looked for work elsewhere, but that "it's hard to get a job when you can't hardly do anything." He was initially seen by Dr. Steven Sanders, a neurological surgeon, on November 11, 1996. An MRI revealed a herniated disc. Conservative treatment proved ineffective, and Dr. Sanders performed a diskectomy on November 3, 1996. Based on the AMA Guidelines, he opined that the plaintiff had a ten percent impairment, and imposed permanent lifting restrictions. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Billy J. White, |
Knox County | Workers Compensation Panel | 10/20/99 | |
| Marie Cagle vs. Shannon Cass
W2001-00760-COA-R3-CV
This is an appeal from an order of the circuit court which dismissed an appeal from an order of the general sessions court. The basis for the trial court's order was that the general sessions court had no jurisdiction to grant an appeal to the defendant in the general sessions' action, as the ten (10) day period to appeal from general sessions court to circuit court pursuant to section 27-5-108 of the Tennessee Code Annotated had elapsed.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Appeals | 10/19/99 | |
| State vs. Charles Eric Goodwin
03C01-9808-CR-00275
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/19/99 | |
| State vs. Jimmy Thornton
03C01-9811-CC-00384
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 10/19/99 | |
| State vs. Jerrell Livingston
02C01-9903-CC-00084
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 10/19/99 | |
| Kaitlyn McCool, b/n/g Angela McCool vs. Proffitts, Inc.
03A01-9901-CV-00012
|
Court of Appeals | 10/19/99 | ||
| State vs. Troy Godwin
02C01-9811-CC-00364
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 10/19/99 | |
| State vs. Kenneth Pickens
02C01-9901-CR-00010
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 10/19/99 | |
| Vantage Technology, LLC
03A01-9810-CH-00333
|
Hamblen County | Court of Appeals | 10/19/99 | |
| State vs. John W. Wilcox
03C01-9808-CR-00314
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 10/19/99 | |
| Eugene Brooks vs. T.R. Lambert
02A01-9903-CH-00066
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 10/19/99 | |
| Diane Watters vs. William Watters
02A01-9810-CH-00306
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 10/19/99 | |
| Diane Watters vs. William Watters
02A01-9810-CH-00306
|
Court of Appeals | 10/19/99 | ||
| Robert Trust vs. Paul Revere
02A01-9901-CH-00021
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 10/19/99 | |
| State vs. Blainey D. Zachary
01C01-9810-CR-00442
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 10/19/99 | |
| Preston Wilson vs. CNA Ins.
02A01-9806-CV-00147
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/19/99 | |
| Goodwin vs. Hendersonville Police Dept.
01S01-9804-CH-00077
Originating Judge:Tom E. Gray |
Sumner County | Supreme Court | 10/18/99 | |
| Carolyn Erwin vs. Methodist Medical Center of Oak Ridge
03A01-9811-CV-00379
|
Anderson County | Court of Appeals | 10/18/99 | |
| State vs. Cary Caughron
03C01-9903-CC-00104
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 10/18/99 | |
| State vs. Steven Nicely
03C01-9805-CR-00174
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 10/18/99 | |
| State vs. George Raudenbush
03C01-9811-CR-00409
Originating Judge:R. Steven Bebb |
Polk County | Court of Criminal Appeals | 10/18/99 | |
| State vs. Kenyetta Fields
03C01-9805-CR-00178
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 10/18/99 | |
| State vs. Kenyetta Fields
03C01-9805-CR-00178
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 10/18/99 |