APPELLATE COURT OPINIONS

State vs. James Anders

02C01-9806-CC-00179

Originating Judge:C. Creed Mcginley
Carroll County Court of Criminal Appeals 03/24/99
Cleveland Surgery Center vs. Bradley Co. Hospital

03A01-9804-CH-00120
Bradley County Court of Appeals 03/24/99
Keener vs. Knox Co.

03A01-9806-CV-00193
Knox County Court of Appeals 03/24/99
State vs. Chesley Randell Thompson

03C01-9807-CC-00238

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 03/24/99
State vs. Robert Morton

02C01-9807-CC-00230

Originating Judge:C. Creed Mcginley
Carroll County Court of Criminal Appeals 03/24/99
Cleveland Surgery Center vs. Bradley Co. Hospital

03A01-9804-CH-00120
Bradley County Court of Appeals 03/24/99
Bunch vs. Bunch

03A01-9805-GS-00156
Roane County Court of Appeals 03/24/99
Ruth vs. Cove Creek

03A01-9805-CH-00167
Court of Appeals 03/24/99
State vs. Michael Samuel Eidson

03C01-9711-CR-00506

Originating Judge:R. Jerry Beck
Court of Criminal Appeals 03/24/99
Mack vs. State

03A01-9806-CV-00215
Morgan County Court of Appeals 03/24/99
Davis vs. Alexis

03A01-9811-CV-00373
Court of Appeals 03/24/99
Hill vs. Hill

03A01-9804-CV-00127
Hamblen County Court of Appeals 03/24/99
State vs. Johnny Martin

03C01-9711-CR-00520

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 03/23/99
State vs. Lauren E. Leslie & Janie Whitehead

03C01-9804-CR-00125

Originating Judge:R. Steven Bebb
Monroe County Court of Criminal Appeals 03/23/99
State vs. Leland Ray Reeves

01C01-9711-CR-00515

Originating Judge:J. O. Bond
Macon County Court of Criminal Appeals 03/23/99
State vs. Leland Ray Reeves

01C01-9711-CR-00515

Originating Judge:J. O. Bond
Court of Criminal Appeals 03/23/99
State vs. Timothy Bradley

01C01-9804-CC-00165
Court of Criminal Appeals 03/23/99
State vs. Michael Allen Price

01C01-9803-CC-00126
Dickson County Court of Criminal Appeals 03/23/99
Thomas v. Testerman

03S01-9807-CH-00080
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.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald,
Knox County Workers Compensation Panel 03/23/99
Brogdon v. Chattanooga General Ser.

03S01-9803-CV-00021
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 defendant appeals from an order of the trial judge entered on the 26th day of January 1998 which set aside a portion of a final judgment in an approved settlement of a compensation claim made by the plaintiff against the defendant. The approved settlement and judgment thereon was entered on October 11, 1996, and among the provisions therein was the approval of medical care for a period of one year. The care was to be provided by Dr. Lester F. Littell, an orthopedic surgeon. In addition, a fund of $2,1.4 was established for future medical care. On October 6, 1997, the plaintiff filed a motion to set aside or modify the judgment, asking that he be allowed to be seen by another or other doctors to determine if he should have back surgery. No evidence was introduced in the hearing on the motion, although there were medical records from Dr. Littell and Dr. George Seiters, also an orthopedic surgeon. Both of these physicians were of the opinion the plaintiff did not require surgery. In a sworn affidavit, the plaintiff alleged he was not allowed by the defendant to obtain a second opinion on whether he needed surgery. This statement was false. The insurance carrier as well approved an examination by Dr. Seiters, and Dr. Littell's notes reflect he referred the plaintiff to Dr. Seiters. We are somewhat hampered in this case by the fact that counsel for the plaintiff withdrew as counsel in accordance with the rule allowing withdrawal. The 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Robert M. Summitt,
Knox County Workers Compensation Panel 03/23/99
State vs. Vincent Burris

02C01-9703-CC-00087
Madison County Court of Criminal Appeals 03/22/99
State vs. Madkins

02S01-9805-CR-00046

Originating Judge:W. Fred Axley
Supreme Court 03/22/99
State vs. Neal Jackson

02C01-9708-CR-00322
Shelby County Court of Criminal Appeals 03/22/99
State vs. Ricky Keele

02C01-9805-CC-00139
Hardin County Court of Criminal Appeals 03/22/99
State vs. Russell Barnes

02C01-9805-CC-00133

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 03/22/99