Please enter some keywords to search.
| Tommie Faye Burnette v. Olan Mills, Inc.
03S01-9807-CH-00081
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 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 application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff alleged she suffered from an occupational illness, to wit, reactive airways disease. The trial judge found the plaintiff did not have an industrial illness but that she had asthma, bronchitis and emphysema, which was aggravated by the conditions under which she worked. The trial judge found the plaintiff had sustained a 6% whole body disability as a result of the aggravation of her pre-existing condition. The defendant says the evidence does not support the finding and further claims the plaintiff failed to give notice of her injury as required by TENN. CODE ANN. _ 5-6-35. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Hon. Van Owens |
Knox County | Workers Compensation Panel | 01/07/00 | |
| Edward Ray Howell, Jr. v. Php Companies, Inc. and Tennessee Department of Labor, Second Injury Fund
03S01-9809-CH-00108
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 employee, Edward Ray Howell, Jr., has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor found that the injury in question did not aggravate his previous physical condition to the extent of constituting an anatomical change as a result of the accident. Plaintiff was 39 years of age and was employed as a mail sorter for defendant, PHP Companies, Inc. In this appeal he contends he was injured on September 3, 1996, while lifting a large bag of mail out of the trunk of his supervisor's automobile. He sought a determination that he was totally disabled claiming both physical and mental injuries. Prior to the incident in 1996, he had sustained numerous injuries to his body and some were work-related. During this prior period of time, he was also seen and treated for psychiatric problems which resulted in hospitalization during 1992. The following would generally summarize his prior physical problems: In 1985 or 1986, he suffered neck and back injuries as a result of an auto accident; in 1988 he sustained a work-related injury to his right shoulder resulting in 3% disability award; in 1989 he sustained injuries to his left femur, right knee and facial injuries from an auto accident; in 199 he slipped and fell while at work for another employer and was awarded 1% disability; in 1991 he began having problems with his left shoulder which resulted in surgery being performed in 1992; in 1993 he sustained injuries to his neck and back in an auto accident; and in 1996, prior to the incident in question, he injured his right arm and shoulder by falling at a Burger King restaurant, which resulted in surgery shortly after the incident in question. Plaintiff testified that he had total of 26 surgical procedures for various problems prior to the September 3, 1996 accident and three surgical procedures (knee injuries, right shoulder and left shoulder) after the event. The evidence is quite clear that after receiving the 1% award of disability for the 199 injury, he entered a rehabilitation program and over a period of time 2
Authoring Judge: Hon. Frederick D. Mcdonald, Chancellor
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 01/06/00 | |
| James Nay v. Resource Consultants, Inc. and The Hartford Accident Indemnity Co.
M1996-00016-WC-R3-CV
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
Originating Judge:Hon. Irvin H. Kilcrease |
Davidson County | Workers Compensation Panel | 01/03/00 | |
| Brown vs. Brown
M1998-00554-COA-R3-CV
Originating Judge:Buddy D. Perry |
Marion County | Court of Appeals | 12/30/99 | |
| White vs. Vanderbilt
M1997-00105-COA-R3-CV
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/30/99 | |
| Board of Trustees of the Sumner County Employees' Trust Fund on Behalf of the Sumner County Employees' Trust, Co. v. Ruby Graves and son Jerry D. Graves
M1997-00069-COA-R3-CV
This appeal involves a dispute over the obligation of a member of a group health insurance plan to reimburse the plan for medical payments made on behalf of the member’s dependent. The plan’s administrator requested the member and her dependent to reimburse the plan for the medical payments after discovering that the dependent had received a financial settlement from the person who caused the dependent’s injuries. When the member and the dependent refused to reimburse the payments, the plan filed suit in the Circuit Court for Sumner County against both parties. The trial court granted the plan’s motion for summary judgment and ordered both the member and her dependent to reimburse the plan for medical payments. We have determined that the plan was not entitled to a judgment as a matter of law against the member and accordingly vacate the summary judgment against her.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Thomas Goodall |
Sumner County | Court of Appeals | 12/30/99 | |
| Lisa Jo Phillips v. Morton's Horticultural Products, Inc.
M1998-00206-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Barry Medley |
Warren County | Workers Compensation Panel | 12/30/99 | |
| Kincaid vs. Kincaid
M1998-00529-COA-R3-CV
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/30/99 | |
| State vs. William Wagner
W1998-00552-CCA-R3-CD
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 12/30/99 | |
| Cantrell vs. In the Matter of: Estate of Jerry A. Cantrell
M1998-00536-COA-R3-CV
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 12/30/99 | |
| State vs. Debra Trotter
W1998-00553-CCA-R3-CD
|
Shelby County | Court of Criminal Appeals | 12/30/99 | |
| W1998-02016-CCA-R3-CD
W1998-02016-CCA-R3-CD
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 12/30/99 | |
| State vs. Gregory Battles
W1998-00558-CCA-R3-CD
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 12/30/99 | |
| State vs. Michael Carroll
W1998-02099-CCA-R3-CD
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 12/30/99 | |
| Marshall vs. Jackson & Jones Oils, Inc.
M1997-00104-COA-R3-CV
Originating Judge:J. S. Daniel |
Rutherford County | Court of Appeals | 12/30/99 | |
| State vs. Mark Boone
W1998-00582-CCA-R3-CD
|
Court of Criminal Appeals | 12/29/99 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Davidson County | Court of Criminal Appeals | 12/29/99 | |
| Sullivan County, Tennessee and The Sullivan County Building Commissioner v. Joe Ellis Lyon
E1999-01192-COA-R3-CV
This appeal arises out of the trial court’s entry of an “agreed” order ostensibly resolving a dispute between plaintiffs Sullivan County and the Sullivan County Building Commissioner (collectively “the County”) and defendant Joe Ellis Lyon (“Lyon”). Lyon appeals, arguing that he did not consent to the entry of the order. We find and hold that the order should not have been entered.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge John S. McLellan, III |
Sullivan County | Court of Appeals | 12/29/99 | |
| E1998-00535-COA-R3-CV
E1998-00535-COA-R3-CV
|
Roane County | Court of Appeals | 12/29/99 | |
| State vs. James Morrow
W1998-00583-CCA-R3-CD
|
Shelby County | Court of Criminal Appeals | 12/29/99 | |
| E1999-01192-COA-R3-CV
E1999-01192-COA-R3-CV
|
Sullivan County | Court of Appeals | 12/29/99 | |
| State vs. John Walter Sullivan
03C01-9905-CR-00206
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 12/29/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Cecil N |
Davidson County | Court of Criminal Appeals | 12/29/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hickman County | Court of Criminal Appeals | 12/29/99 | |
| State vs. Don Palmer Black
03C01-9812-CR-00424
|
Hamilton County | Court of Criminal Appeals | 12/29/99 |