APPELLATE COURT OPINIONS

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State vs. Andrew Cole

02C01-9712-CC-00461

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 09/22/98
James Carroll vs. Carolyn Whitney

02A01-9707-CV-00162

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 09/22/98
Brewer vs. State

03C01-9709-CC-00397

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 09/22/98
State vs. Smith, a.k.a Maxwell

03C01-9708-CR-00366

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 09/22/98
State vs. Gilliam

03C01-9711-CC-00489

Originating Judge:James E. Beckner
Hawkins County Court of Criminal Appeals 09/22/98
State vs. Jeffrey Hankins

02C01-9709-CC-00355

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 09/22/98
State vs. Mark Cash

01C01-9712-CR-00579

Originating Judge:Leon C. Burns, Jr.
Putnam County Court of Criminal Appeals 09/22/98
State vs. Corey Powell

02C01-9707-CC-00265
Fayette County Court of Criminal Appeals 09/22/98
State vs. Michael Walls

01C01-9708-CC-00381
Franklin County Court of Criminal Appeals 09/22/98
State vs. Quintero and Hall

01S01-9703-CC-00068
Humphreys County Supreme Court 09/21/98
Miller vs. Miller

M1999-00226-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Thomas Goodall
Sumner County Court of Appeals 09/21/98
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Supreme Court 09/21/98
State vs. Quintero and Hall

01S01-9703-CC-00068
Humphreys County Supreme Court 09/21/98
General Electric Co. vs. Process Control Co.

01S01-9707-FD-00148
Supreme Court 09/21/98
Alexander, et. al. vs. Inman

01S01-9705-CH-00103
Davidson County Supreme Court 09/21/98
State vs. David Bornfriend

02C01-9708-CC-00297
Weakley County Court of Criminal Appeals 09/21/98
State vs. Williams

03S01-9706-CR-00060
Hamilton County Supreme Court 09/21/98
Larry Donald Setsor v. England Corcsair, Inc.

03S01-9708-CH-00103
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee [appellee] sustained three successive cervical spine injuries while working for the employer [appellant]. Appellee filed suit in January 1995 for the first injury and in August 1995 for the second injury. Appellant filed suit in August 1996 for judicial determination of its rights and obligations after the appellee alleged the third injury in May 1996. These three cases were consolidated for trial. The trial judge found the appellee had sustained 25 percent vocational disability from the first injury, 25 percent from the second injury, and no vocational disability from the third injury. The employer appeals, insisting that the trial judge improperly assessed the credibility of the medical evidence to reach an excessive award and erred in authorizing the employee to choose a new treating doctor. We affirm the judgment of the trial court. Larry Donald Setsor, the appellee, is 45 years old, has a high school education, and has three months' vocational training1 for air-conditioning and refrigeration repair. He also trained to sell insurance, and attempted unsuccessfully to do so for eight months. His work experience includes upholstering, assembly line production and truck driving for this employer. In April 1994, appellee ruptured a cervical disc at C6/7 while unloading furniture at work. The employer sent him to a chiropractor, who referred him to Dr. Fred Killeffer, a neurosurgeon, who performed surgical removal of a disc 1He did not complete the course. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Chancellor
Knox County Workers Compensation Panel 09/21/98
03S01-9706-CR-00068

03S01-9706-CR-00068
Supreme Court 09/21/98
Frances Blanchard vs. Arlene Kellum, D.D.S.

02S01-9709-CV-00083
Supreme Court 09/21/98
Amy v. Hollars

03S01-9707-CH-00084
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). This case presents the issue of whether the trial judge erred in dismissing the plaintiff's claim, which was filed on February 14, 1996, for workers' compensation benefits by way of summary judgment. We reverse the judgment of the trial court and remand this case for further proceedings. On February 1, 1995, the plaintiff and the defendant entered into a settlement of a workers' compensation matter on a joint petition. The defendant filed the petition to resolve the case because of some question as to whether the plaintiff had a compensable claim. The plaintiff was unrepresented throughout the proceeding. The settlement entered into was to compensate the plaintiff for injuries to her sinus cavities as a result of exposure to chemicals used in the dark room of the x-ray department where she worked. Because the medical evidence indicated the plaintiff was allergic to these chemicals, the plaintiff quit work upon entry of the judgment approving the settlement. We find the following facts in the pleadings, etc. filed by the parties on the motion for summary judgment. Prior to the settlement, the plaintiff had been experiencing some joint pain and was examined for this on September 19, 1994 by Dr. Patrick Tsui. Dr. Tsui's notes 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Samuel F. Payne,
Knox County Workers Compensation Panel 09/21/98
State vs. Robert Dunlap

02C01-9801-CC-00009

Originating Judge:C. Creed Mcginley
Henry County Court of Criminal Appeals 09/21/98
State vs. Quintero and Hall

01S01-9703-CC-00068

Originating Judge:Allen W. Wallace
Humphreys County Supreme Court 09/21/98
Dennis Dykes vs. Billy Compton, Warden

02S01-9711-CC-00105
Lake County Supreme Court 09/21/98
Stroud vs. Seaton

03A01-9802-CV-00060
Anderson County Court of Appeals 09/18/98