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| State vs. Carl Cole
02C01-9612-CC-00480
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 09/17/97 | |
| State vs. Randy Watson
02C01-9610-CR-00377
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/17/97 | |
| Collins vs. Wellbrook
01A01-9702-CH-00108
Originating Judge:C. K. Smith |
Smith County | Court of Appeals | 09/17/97 | |
| State vs. Robert Parker
02C01-9605-CR-00143
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/17/97 | |
| State vs. Willie Covington
02C01-9610-CR-00378
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/17/97 | |
| State., ex. rel. Sherry Mcallister vs. Goode
01A01-9510-CV-00452
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 09/17/97 | |
| State vs. Cedric Davis
02C01-9610-CR-00352
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Shelby County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Michael Gregg/Laird Payne
02C01-9611-CR-00394
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Bobby Anderson
02C01-9707-CC-00232
|
Lauderdale County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Russell
03C01-9608-CR-00319
Originating Judge:Mayo L. Mashburn |
Polk County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Hastie Love
02C01-9706-CC-00214
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Lauderdale County | Court of Criminal Appeals | 09/16/97 | |
| Shepherd vs. Perkins
03A01-9701-CH-00015
|
Court of Appeals | 09/16/97 | ||
| State vs. Cecil Grose
02C01-9609-CR-00310
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 09/15/97 | |
| State vs. Ronald Mitchell
02C01-9702-CC-00070
|
Lauderdale County | Court of Criminal Appeals | 09/15/97 | |
| W.J. Gray vs. State of TN
02A01-9703-BC-00055
|
Court of Appeals | 09/15/97 | ||
| State vs. Isaac Herron
02C01-9509-CR-00253
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 09/15/97 | |
| Robinson vs. Omer, Sr.
01S01-9611-CV-00228
|
Supreme Court | 09/15/97 | ||
| State vs. Runako Blair
02C01-9608-CR-00277
|
Court of Criminal Appeals | 09/15/97 | ||
| Richard Deberry vs. Lexington Electric System, et al
02A01-9610-CV-00257
Originating Judge:Charles O. Mcpherson |
Henderson County | Court of Appeals | 09/15/97 | |
| State vs. John Rheaume
02C01-9607-CR-00246
|
Court of Criminal Appeals | 09/12/97 | ||
| Timothy v. Potter, Dickson, Tennessee, For Appellant, J.M.S.
01-98-001-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 09/12/97 | |
| State vs. Tyrone Henderson
02C01-9610-CR-00376
|
Court of Criminal Appeals | 09/12/97 | ||
| Brenda Gail Howell v. Murray Ohio Manufacturing Co.
01S01-9609-CH-00176
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant employer insists (1) the award of permanent partial disability benefits based on sixty percent to the body as a whole is excessive, (2) the trial court applied an incorrect compensation rate, and (3) the trial court erred in commuting the award to a lump sum. The lump sum issue was withdrawn during oral argument. As discussed below, the panel has concluded the award of permanent partial disability benefits and the compensation rate should be modified. Because both issues are fact driven, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Robert A. Lanier, Special Judge
Originating Judge:Hon. James L. Weatherford, |
Lawrence County | Workers Compensation Panel | 09/12/97 | |
| Charles H. Smith v. Kinetic Concepts, Inc.
01S01-9610-CH-00207
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 09/12/97 | |
| Abigail Hackett v. Fidelity & Casualty Co. of New York, et al.
01S01-9701-CH-00003
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 of findings of fact and conclusions of law. This case presents the issue of whether permanent partial disability ("PPD") awards of 5% and 25% are excessive in light of anatomical disability ratings of 12% and 5%. We conclude that the awards were not excessive and affirm the trial court's decision. The employee/appellee, Abigail Hackett, slipped and fell while coming off her shift at her employer's factory. She suffered extensive injury to both knees. Dr. Robert Landsberg, the orthopaedic surgeon who operated on her knees, testified that she had a 12% impairment in her left leg and a 5% impairment in her right leg. Hackett, age 44, has a GED and has worked in the past as a maintenance worker, school bus driver and sewing machine operator. As a result of the injuries to her knees, she can no longer perform these jobs. After the surgery, Hackett returned to work as a fork lift driver. The employer, G.F. Office Furniture, has accommodated her disability by modifying assembly line procedures. The trial court awarded Hackett a lump sum of $41, 35.5, which represented a PPD assessment of 5% to her left leg and 25% to her right leg. The employer/appellant argues that the trial court's award was excessive 2
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. C. K. Smith, |
Wilson County | Workers Compensation Panel | 09/12/97 |