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| Bechtel Construciton Co. v. Campbell
03S01-9712-CV-00145
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 issue in this case is whether the evidence preponderates against the finding of the trial court that the employee did not suffer a compensable injury or an aggravation thereof within the purview of the workers' compensation laws. 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 finding, 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 employee initially alleged that she suffered a job-related accident while employed as an apprentice pipe fitter at the TVA Sequoyah Nuclear Plant in Hamilton County on May 14, 1996. This theory was essentially abandoned after the proof was closed, and the employee was permitted to amend her counter- complaint by alleging a gradual injury involving cervical and shoulder pain. Ms. Campbell was initially employed in August, 1995. She was laid off in May, 1996, but was on furlough for two months during her brief employment. She testified that on May 14, 1996, while relaxing during a lunch break, pain developed in her left forearm. Three days later she was laid off due to a reduction in force, and applied for and received unemployment benefits, after certifying to her union that she was able to work. On June 6, 1996, she was injured in an automobile accident, and reported to the treating chiropractor that she had neck and shoulder complaints, not job-related. She did not pursue further chiropractic treatment because "it would mess up her compensation claim." 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. L. Marie Williams, |
Knox County | Workers Compensation Panel | 04/05/99 | |
| Denise Stavropoulos v. Saturn Corporation
01S01-9711-CV-00251
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. Denise Stavropoulos (employee), suffered bilateral hand numbness and later severe neck pain with no identifiable precipitating event. Massive cervical disc herniation was diagnosed and corrective surgery was performed. The trial court found the condition to be work-related and awarded 9 percent permanent partial vocational disability, in lump sum, and temporary total disability benefits, set off by group disability benefits which had been paid as of the date of trial. Employee is 42 years old and has a high school education. After 14 years' work as a sewing machine operator and press operator for General Motors in Michigan, she began working for Saturn Corporation (employer) in 1992 as an Inventory Management team member. Her duties included operating a forklift truck with an overhead computer screen and reaching up to the computer to enter data about the work that was being performed. She had been treated by a therapeutic masseuse on two occasions in November 1995, for tension, headaches, and mild thoracic stiffness. On November 15, 1995, the masseuse found tight levator, rhomboid and supraspinous muscles, i.e., the muscles surrounding the shoulder blades and cervical spine. She performed an hour-long "myofacial release technique" to the shoulder blades and cervical spine, with good results.1 The employee first noticed numbness in her hands during the second week of July, 1996, and does not recall any precipitating event. She testified that the 1 Performed to treat inflammation where the muscle is attached to the bone. The Sloane-Dorland Annotated Medical-Legal Dictionary, West Publishing, 1987. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Maury County | Workers Compensation Panel | 04/05/99 | |
| State of Tennessee vs. James Robert Fields - Concurring
02C01-9709-CC-00341
I agree that the conviction should be affirmed. Assault is not a lesser included or lesser grade offense of statutory rape. I disagree, however, with footnote 3 which suggests that a special request by the defendant for an instruction on a lesser offense would serve to amend the indictment. See State v. Leland Ray Reeves, No. 01C01-9711-CR-00515 (Tenn. Crim. App., at Nashville, Mar. 23, 1999).
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 04/01/99 | |
| Hite vs. Glazer Steel
03A01-9808-CV-00256
|
Court of Appeals | 04/01/99 | ||
| State vs. Billy Barnett
03C01-9712-CR-00546
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Sullivan County | Court of Criminal Appeals | 03/31/99 | |
| Zachary Robinson vs. State
03C01-9804-CR-00166
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 03/31/99 | |
| State vs. McMahan
03C01-9707-CR-00262
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 03/31/99 | |
| Fideltity and Casualty Company of New York, v. Gregory Entertainment, Inc.
01-A-0-9804-CH00203
The primary issue in this case is whether the trial court should have granted Plaintiff's motion to amend its complaint to correct deficiencies that were raised by Defendant in a motion for judgment on the pleadings. Plaintiff disputes that the Complaint is deficient, but requested to be allowed to amend the Complaint by attaching discoverable documents that would have been introduced at trisl. We are of the opinion that leave to amend should have been granted.
Authoring Judge: Judge Patricia J. Cottrell
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 03/31/99 | |
| B&H Investments, Inc., v. James W. Brooks
W1999-01252-COA-R3-CV
This appeal arises from a dispute regarding whether Plaintiff B& H was entitled to a deficiency judgment following a foreclosure sale of Defendants' property. Despite Defendant Brooks' counter-claim of fraud in the sale, the court found that Plaintiff was entitled to a deficiency judgment. Defendant Brooks' motion for new trial or for an amendment of the findings of fact was denied. Brooks appeals this denial.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 03/31/99 | |
| Jaco vs. Dept. of Health, Bureau of Medicaid
01A01-9806-CH-00324
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/31/99 | |
| State vs. James G. Frazier
01C01-9804-CR-00179
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 03/31/99 | |
| 01A01-9807-CH-352
01A01-9807-CH-352
|
Court of Appeals | 03/31/99 | ||
| 01C01-9802-CR-00069
01C01-9802-CR-00069
|
White County | Court of Criminal Appeals | 03/31/99 | |
| State vs. Samuel Kimoe Robinson
01C01-9803-CC-00153
Originating Judge:William B. Cain |
Giles County | Court of Criminal Appeals | 03/31/99 | |
| State vs. Joseph Martin Thurman
01C01-9706-CC-00231
|
Marion County | Court of Criminal Appeals | 03/31/99 | |
| Lois Winbush vs. Thomas Winbush
02A01-9809-CH-00248
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 03/31/99 | |
| Joann Mooney vs. Joe Sneed
02A01-9709-CV-00210
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 03/31/99 | |
| State vs. Sean A. Taylor
01C01-9803-CR-00124
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Davidson County | Court of Criminal Appeals | 03/30/99 | |
| Ricky J. Summers vs. State
01C01-9708-CC-00323
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Franklin County | Court of Criminal Appeals | 03/30/99 | |
| Mathis Martin vs. State
01C01-9801-CR-00013
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 03/30/99 | |
| State vs. Stanley E. Terry, Jr.
01C01-9803-CC-00140
Originating Judge:David G. Hayes |
Hickman County | Court of Criminal Appeals | 03/30/99 | |
| State vs. Jesse Dawan
02C01-9709-CC-00370
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Criminal Appeals | 03/30/99 | |
| State vs. Courtney Price/Robertson
02C01-9804-CC-00115
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 03/30/99 | |
| State vs. Timothy Hopper
02C01-9709-CC-00371
Originating Judge:William M. Barker |
Hardin County | Court of Criminal Appeals | 03/29/99 | |
| State vs. Alexander Cawthon
02C01-9803-CC-00089
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 03/29/99 |