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| 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 | |
| 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 | ||
| 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 | |
| State vs. Robert Dunlap
02C01-9801-CC-00009
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal 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
Originating Judge:Allen W. Wallace |
Humphreys County | 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 | |
| Dennis Dykes vs. Billy Compton, Warden
02S01-9711-CC-00105
|
Lake County | Supreme Court | 09/21/98 | |
| State vs. Quintero and Hall
01S01-9703-CC-00068
|
Humphreys County | Supreme Court | 09/21/98 | |
| State vs. Quintero and Hall
01S01-9703-CC-00068
|
Humphreys County | Supreme Court | 09/21/98 | |
| Peggy Arnold vs. Dehoney Inter.
02A01-9803-CV-00075
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 09/18/98 | |
| State vs. Melvin Archuleta
01C01-9705-CC-00167
|
Montgomery County | Court of Criminal Appeals | 09/18/98 | |
| State vs. James Bult
01C01-9711-CC-00534
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 09/18/98 | |
| State vs. Lonny Hazelwood
01C01-9705-CC-00175
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 09/18/98 | |
| State vs. Lonny Hazelwood
01C01-9705-CC-00175
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 09/18/98 | |
| Stroud vs. Seaton
03A01-9802-CV-00060
|
Anderson County | Court of Appeals | 09/18/98 | |
| State vs. Davron Dinish
02C01-9709-CR-00349
|
Shelby County | Court of Criminal Appeals | 09/17/98 | |
| State vs. Pamela Holloway
02C01-9810-CC-00320
|
Hardin County | Court of Criminal Appeals | 09/17/98 | |
| State vs. Jeremy Winsett
02C01-9709-CR-00343
Originating Judge:William M. Barker |
Shelby County | Court of Criminal Appeals | 09/17/98 | |
| Robert Burns vs. State
01C01-9709-CC-00434
|
Maury County | Court of Criminal Appeals | 09/16/98 | |
| 03C01-9710-CR-00472
03C01-9710-CR-00472
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 09/16/98 | |
| Collins vs. State
03C01-9709-CR-00389
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/16/98 | |
| State vs. Gaines
03C01-9709-CC-00385
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/16/98 |