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| Richard Lee Bennett v. Bridgestone, U.S.A., Inc.
01S01-9710-CH-00236
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 trial judge properly dismissed the complaint owing to the failure of the plaintiff to prove by a preponderance of all the evidence that his disability was job-related. 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). I The complaint alleged that the plaintiff experienced a `work-related event' in November 1994 which worsened a `progressively deteriorating back disease.' He is 44 years old and has worked at Bridgestone/Firestone, Inc. continuously from 1985 through April 2, 1996. The onset of back problems was traced to 1988, with no history of a specific injury at any time. On November 5, 1994, he was working in the curing department at Bridgestone when he suddenly could not lift any more tires. At his request, his supervisor helped him complete his work that shift, and he took a vacation day the following day. No particular event or incident caused his inability to work, although two days earlier he had presented himself at the Health Unit at Bridgestone, where he gave a history of back pain for three years and that the pain originally began on "4/11/88." Four days later he again visited the Health Unit for ongoing back pain. Plaintiff first saw Dr. Gregory Lanford on November 14, 1994, to whom he gave a history of three years of back pain with no precipitating trauma. He 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. James Weatherford, |
Knox County | Workers Compensation Panel | 07/20/98 | |
| State vs. John Gilbreath
01C01-9801-CR-00034
|
Davidson County | Court of Criminal Appeals | 07/17/98 | |
| Postelle vs. Snead, d/b/a: Emergency Chiro.
01A01-9708-CV-00446
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 07/17/98 | |
| Lessley vs. Shope, Jr.
01A01-9710-CV-00617
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 07/17/98 | |
| 01A01-9708-CH-00417
01A01-9708-CH-00417
Originating Judge:Henry F. Todd |
Court of Appeals | 07/17/98 | ||
| Knight vs. Lancaster
01A01-9711-CH-00643
Originating Judge:L. F. Stewart |
Marion County | Court of Appeals | 07/17/98 | |
| Twanda Ward vs. State
01C01-9707-CC-00242
|
Montgomery County | Court of Criminal Appeals | 07/17/98 | |
| State vs. Ralph Cooper
02C01-9709-CR-00339
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 07/17/98 | |
| State vs. McCarter
03C01-9707-CC-00238
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 07/16/98 | |
| State vs. Leming
03C01-9709-CC-00426
|
Sevier County | Court of Criminal Appeals | 07/16/98 | |
| State vs. Clark
03C01-9706-CR-00227
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 07/16/98 | |
| Ernestine Cole vs. State of TN
02A01-9801-BC-00004
|
Court of Appeals | 07/16/98 | ||
| State vs. Chris W. Frame
01C01-9708-CC-00332
Originating Judge:Thomas W. Graham |
Franklin County | Court of Criminal Appeals | 07/16/98 | |
| Sarah Wilkerson vs. Robert Wilkerson
02A01-9709-CV-00231
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/16/98 | |
| 01A01-9806-CH-00304
01A01-9806-CH-00304
|
Court of Appeals | 07/16/98 | ||
| Susan Todd/State vs. Weakley Co.
02A01-9708-CV-00197
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/16/98 | |
| Liberty Mutual Ins. v. Larry Brinton, Jr.
03S01-9706-CH-00072
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. This appeal presents a novel issue arising from the provisions of T.C.A. _ 5- 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. The complaint alleged plaintiff was the workers' compensation insurance carrier for Macawber Engineering, Inc. and one of their employees, Lonnie D. Roberts, contended he sustained a work-related injury (heart attack) on July 19, 1993, as a result of stress due to overtime work and excessive heat at his workplace; that upon reviewing the claim plaintiff denied the heart attack was work- related and declined to pay benefits and medical expenses; that the claim was reviewed by a workers' compensation specialist who ordered plaintiff to pay temporary total disability benefits of $6,526.52 for a period beginning July 2, 1993 to January 17, 1994, and plaintiff complied with this order; that sometime after February 14, 1994, the Department of Labor determined the claim was not compensable as the heart attack was not work-related; that plaintiff made a demand upon the state Second Injury Fund for a refund which was declined. The complaint alleges that a copy of the state department's order to pay, drafts issued by plaintiff in satisfaction of the order and a copy of the department's order denying plaintiff's claim were attached to the complaint as exhibits but the certified record does not contain any of these documents. Defendant answered the complaint by alleging it was without sufficient information or knowledge to form a belief as to the allegations and strict proof of same was demanded. For further answer it was alleged that T.C.A. _ 5-6-238 allowed a workers' compensation insurance carrier to receive a refund under circumstances as alleged in the complaint when the Defendant was furnished a copy of a court order finding the claim was not compensable and since no such order had been submitted to it, the claim for a refund was premature. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 07/16/98 | |
| Mark S. Tidman and Evelyn J. Tidman v. The Salvation Army, Bertha Worthy, Kenneth E. Brewer, Fred Ruth - Concuring
01-A-01-9708-CV-00380
Two former Salvation Army officers, a husband and wife who had been demoted and discharged, sued their superior officers and The Salvation Army itself for invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, and outrageous conduct. The Circuit Court of Davidson County dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm, and hold, in addition, that the defendants’ actions were protected by the First Amendment to the United States Constitution.
Authoring Judge: Judge Henry F. Todd
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 07/15/98 | |
| State vs. Andre Parks
01C01-9709-CC-00389
|
Lincoln County | Court of Criminal Appeals | 07/15/98 | |
| Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Originating Judge:John W. Rollins |
Franklin County | Court of Appeals | 07/15/98 | |
| Deon Braden vs. State
01C01-9708-CC-00351
|
Maury County | Court of Criminal Appeals | 07/15/98 | |
| Trail vs. Transportation Management Svcs., et. al.
01A01-9607-CH-00314
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/15/98 | |
| State vs. Derrick Burkeen
01C01-9708-CC-00358
Originating Judge:J. Curwood Witt |
Maury County | Court of Criminal Appeals | 07/15/98 | |
| Allen vs. Wiseman
01A01-9710-CV-00565
Originating Judge:Bobby H. Capers |
Rutherford County | Court of Appeals | 07/15/98 | |
| Donoho vs. Donoho, Jr.
01A01-9802-CV-00070
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 07/15/98 |