APPELLATE COURT OPINIONS

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Griffin vs. Shelter Mutual Ins. Co.

01A01-9712-CH-00700

Originating Judge:Ben H. Cantrell
Court of Appeals 03/12/99
State vs. Robert Burton

02C01-9807-CC-00226

Originating Judge:William B. Acree
Weakley County Court of Criminal Appeals 03/12/99
Samuel S. Minton vs. State

03C01-9806-CC-00197

Originating Judge:R. Steven Bebb
Bradley County Court of Criminal Appeals 03/12/99
State vs. Tommy Nunley

02C01-9804-CR-00114
Shelby County Court of Criminal Appeals 03/12/99
State vs. Timothy Inman

02C01-9808-CC-00254

Originating Judge:Lee Moore
Dyer County Court of Criminal Appeals 03/12/99
Baldwin et al vs. Pirelli Armstrong et al

01A01-9804-CV-00195

Originating Judge:Ben H. Cantrell
Court of Appeals 03/12/99
State vs. Gary Carr

02C01-9709-CR-00368

Originating Judge:Joseph B. Dailey
Shelby County Court of Criminal Appeals 03/12/99
State vs. Kevin S. Phillips

03C01-9801-CR-00024

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 03/12/99
State vs. Luther White

02C01-9809-CC-00259

Originating Judge:Whit A. Lafon
Chester County Court of Criminal Appeals 03/12/99
State vs. Billy Harris

02C01-9808-CC-00240

Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 03/12/99
Howse vs. State

01A01-9809-BC-00489

Originating Judge:Thomas Stovall
Court of Appeals 03/12/99
Brandon A. Miller vs. State

03C01-9803-CR-00102

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 03/12/99
State vs. Rickie Alan Osborne

E1999-02278-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Phyllis H. Miller
Sullivan County Court of Criminal Appeals 03/12/99
Knoble vs. Taylor

01A01-9803-CH-00153

Originating Judge:Irvin H. Kilcrease, Jr.
Court of Appeals 03/12/99
Rogers vs. State

01A01-9803-BC-00160
Court of Appeals 03/12/99
State vs. Clem Henry

02C01-9803-CR-00063
Shelby County Court of Criminal Appeals 03/12/99
Eddie Howard vs. State

03C01-9604-CC-00167
Hamblen County Court of Criminal Appeals 03/12/99
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. 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
State vs. Charles Hayes

01C01-9804-CC-00176
Marshall County Court of Criminal Appeals 03/11/99
Charles Haynes vs. State

01C01-9803-CC-00142
Hickman 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
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
Tn Farmers Mutual Ins. vs. Inman

03A01-9808-CV-00246
Court of Appeals 03/10/99