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| Jerry E. Biggs vs. State
01C01-9711-CR-00514
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 03/11/99 | |
| State vs. Charles Hayes
01C01-9804-CC-00176
|
Marshall County | Court of Criminal Appeals | 03/11/99 | |
| 01C01-9708-CR-00329
01C01-9708-CR-00329
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/11/99 | |
| State vs. Leslie R. Holt
01C01-9804-CR-00188
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 03/11/99 | |
| Helen Mccurrie v. Eaton Corporation
02S01-9805-CH-00047
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. George E. Ellis, |
Gibson County | Workers Compensation Panel | 03/11/99 | |
| Cora Moton v. Kellogg USA, Inc.
02S01-9803-CV-00023
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 court found that the plaintiff did not make a meaningful return to work and therefore that the statutory cap of 2.5 times the anatomical impairment rating did not apply. The trial court awarded the plaintiff benefits based on 3.5 times Dr. Weems' rating of fifteen percent for a total permanent partial disability award of 52.5 percent to the body as a whole. The defendant raises the following issues: 1. Whether the trial court erred in finding that Plaintiff did not make a meaningful return to work? 2. Whether the trial court erred in relying on the deposition testimony of Dr. Thomas D. Weems rather than the deposition testimony of Dr. James T. Galyon? 3. Whether the trial court erred in awarding Plaintiff a permanent partial disability rating for vocational disability purposes of 52.5%? We affirm the judgment of the trial court. BACKGROUND The plaintiff, age 37 at the time of trial, is a high school graduate. She took over five years of college classes in English, Biology, and Chemistry from various institutions, but she holds no degrees. She is certified as a pharmacy technician and has worked in that field at a rate of $9.5 per hour. She also has work experience as a chemical analyst. In January 199, the plaintiff went to work for the defendant as an FMC operator in the manufacturing process of frozen waffles. She earned $11.65 per 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. James S. Russell, |
Shelby County | Workers Compensation Panel | 03/11/99 | |
| Suerth v. Red Kap
03S01-9803-CH-00024
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: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 03/10/99 | |
| Hopson v. Philips
03S01-9710-CV-00141
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 the action of the trial court in awarding plaintiff, Linda S. Hopson, 55% permanent partial disability to the left arm as a result of an accident while working for defendant, Philips Consumer Electronics. The circuit judge dismissed the case against the Second Injury Fund. Plaintiff, being dissatisfied with the award of benefits, contends the award should be increased. Linda Hopson was 42 years of age and is a high school graduate. She does not have any vocational training. She sustained a prior injury to her back during 1991 and was awarded 75% permanent partial disability to the body as a whole during a contested hearing in the Chancery Court for Greene County. The injury in the present action occurred on defendant's production line where she was required to use an air gun and to make repetitive arm movements. Her injury was to her left wrist and she is left-handed. She underwent surgery on November 8, 1994, when Dr. Christopher T. Lechner, an orthopaedic surgeon, repaired a partial tear of the ligament and noticed she had some synovitis (swelling); she was seen on regular basis and was still complaining of pain four months later. The doctor testified by deposition and said pain that late after surgery was not normal. He x-rayed her arm and noticed changes consistent with Kienbach's disease, which is a condition where the blood supply to lunate is not normal and the bone collapses. He stated this was a painful condition and required further surgery. The second surgery was performed on March 28, 1995 when the lunate was removed and the wrist was stabilized "by fusing three of the remaining six bones together". He also described the event as "taking the painful bone out and then to give her a stable wrist, although she knew that it would be a stiffer wrist as well". This surgery went well but she still had discomfort after a reasonable healing period and Dr. Lechner recommended she get a second opinion from another hand surgeon. Plaintiff saw Dr. Joseph C. DeFiore, Jr. and his report was introduced into evidence. He concurred with Dr. Lechner's diagnosis and treatment and stated "it is 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Knox County | Workers Compensation Panel | 03/10/99 | |
| 03A01-9804-CV-00145
03A01-9804-CV-00145
|
Court of Appeals | 03/10/99 | ||
| 03A01-9804-CV-00145
03A01-9804-CV-00145
|
Court of Appeals | 03/10/99 | ||
| Sherer vs. Linginfelter
03A01-9805-CV-00168
|
Court of Appeals | 03/10/99 | ||
| Stewart vs. Stewart
03A01-9806-CV-00180
|
Court of Appeals | 03/10/99 | ||
| State vs. Brian Thomas Kluever
03C01-9805-CC-00170
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 03/10/99 | |
| State vs. Delivetrick Blocker
03C01-9803-CR-00120
|
Hamilton County | Court of Criminal Appeals | 03/10/99 | |
| State vs. Rema Morgan
03C01-9803-CR-00123
Originating Judge:W. Lee Asbury |
Campbell County | Court of Criminal Appeals | 03/10/99 | |
| Tn Farmers Mutual Ins. vs. Inman
03A01-9808-CV-00246
|
Court of Appeals | 03/10/99 | ||
| Ellis vs. Trentham
03A01-9806-CH-00204
|
Court of Appeals | 03/10/99 | ||
| State vs. Devon Crawford
02C01-9803-CR-00061
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/09/99 | |
| Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services
03A01-9804-CV-00139
This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination:
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge W. Neil Thomas, III |
Court of Appeals | 03/09/99 | ||
| A.D. Barker vs. State of Tennessee
03C01-9604-CC-00177
The Petition er, A. D . Barke r, appe als the order o f the Se vier County Circuit Court dismissing his petition fo r post-conviction relief. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge William R. Holt, Jr. |
Sevier County | Court of Criminal Appeals | 03/09/99 | |
| State vs. Francesca Turner & Charles Taylor
02C01-9806-CC-00189
|
Dyer County | Court of Criminal Appeals | 03/09/99 | |
| Howell vs. Chase
03A01-9810-CV-00340
|
Court of Appeals | 03/09/99 | ||
| State vs. Thomas Boone
02C01-9805-CR-00146
|
Shelby County | Court of Criminal Appeals | 03/09/99 | |
| State vs. Donald Culbreath & Genna McCallie
02C01-9805-CR-00145
|
Shelby County | Court of Criminal Appeals | 03/09/99 | |
| Vanderbilt University Medical Center v. The County of Macon, Lafayette, Tennessee - Concurring
A01-9712-CH-00707
Vanderbilt University Medical Center (“Vanderbilt”) filed suit in the Chancery Court of Davidson County against Macon County (“County”) seeking a judgment against County in the amount of $20,671.95 for medical services rendered by Vanderbilt in Nashville to an inmate who had been in the custody of County and who had been brought to Vanderbilt for treatment. Both Vanderbilt and County filed motions for summary judgment, supported by affidavit or affidavits. Following a hearing, the chancellor denied County’s summary judgment motion and granted summary judgment in favor of Vanderbilt. On appeal, County has raised two issues which are as follows:
Authoring Judge: Judge Hewitt P. Tomlin, Jr.
Originating Judge:Chancellor Irvin H. Kilcrease |
Davidson County | Court of Appeals | 03/09/99 |