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| Liberty Mutual Ins. v. Larry Brinton, Jr.
03S01-9706-CH-00072
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. This appeal presents a novel issue arising from the provisions of T.C.A. _ 5- 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. The complaint alleged plaintiff was the workers' compensation insurance carrier for Macawber Engineering, Inc. and one of their employees, Lonnie D. Roberts, contended he sustained a work-related injury (heart attack) on July 19, 1993, as a result of stress due to overtime work and excessive heat at his workplace; that upon reviewing the claim plaintiff denied the heart attack was work- related and declined to pay benefits and medical expenses; that the claim was reviewed by a workers' compensation specialist who ordered plaintiff to pay temporary total disability benefits of $6,526.52 for a period beginning July 2, 1993 to January 17, 1994, and plaintiff complied with this order; that sometime after February 14, 1994, the Department of Labor determined the claim was not compensable as the heart attack was not work-related; that plaintiff made a demand upon the state Second Injury Fund for a refund which was declined. The complaint alleges that a copy of the state department's order to pay, drafts issued by plaintiff in satisfaction of the order and a copy of the department's order denying plaintiff's claim were attached to the complaint as exhibits but the certified record does not contain any of these documents. Defendant answered the complaint by alleging it was without sufficient information or knowledge to form a belief as to the allegations and strict proof of same was demanded. For further answer it was alleged that T.C.A. _ 5-6-238 allowed a workers' compensation insurance carrier to receive a refund under circumstances as alleged in the complaint when the Defendant was furnished a copy of a court order finding the claim was not compensable and since no such order had been submitted to it, the claim for a refund was premature. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 07/16/98 | |
| State vs. McCarter
03C01-9707-CC-00238
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 07/16/98 | |
| State vs. Chris W. Frame
01C01-9708-CC-00332
Originating Judge:Thomas W. Graham |
Franklin County | Court of Criminal Appeals | 07/16/98 | |
| Ernestine Cole vs. State of TN
02A01-9801-BC-00004
|
Court of Appeals | 07/16/98 | ||
| State vs. Leming
03C01-9709-CC-00426
|
Sevier County | Court of Criminal Appeals | 07/16/98 | |
| Sarah Wilkerson vs. Robert Wilkerson
02A01-9709-CV-00231
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/16/98 | |
| 01A01-9806-CH-00304
01A01-9806-CH-00304
|
Court of Appeals | 07/16/98 | ||
| Nashville Electric Service vs. Stone
01A01-9708-CV-00383
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/15/98 | |
| 03C01-9704-CC-00146
03C01-9704-CC-00146
Originating Judge:Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 07/15/98 | |
| Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Originating Judge:John W. Rollins |
Franklin County | Court of Appeals | 07/15/98 | |
| State vs. Welcome
03C01-9709-CR-00387
|
Knox County | Court of Criminal Appeals | 07/15/98 | |
| Allen vs. Wiseman
01A01-9710-CV-00565
Originating Judge:Bobby H. Capers |
Rutherford County | Court of Appeals | 07/15/98 | |
| Mark S. Tidman and Evelyn J. Tidman v. The Salvation Army, Bertha Worthy, Kenneth E. Brewer, Fred Ruth - Concuring
01-A-01-9708-CV-00380
Two former Salvation Army officers, a husband and wife who had been demoted and discharged, sued their superior officers and The Salvation Army itself for invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, and outrageous conduct. The Circuit Court of Davidson County dismissed the complaint for failure to state a claim upon which relief can be granted. We affirm, and hold, in addition, that the defendants’ actions were protected by the First Amendment to the United States Constitution.
Authoring Judge: Judge Henry F. Todd
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 07/15/98 | |
| State vs. Andre Parks
01C01-9709-CC-00389
|
Lincoln County | Court of Criminal Appeals | 07/15/98 | |
| State vs. Derrick Burkeen
01C01-9708-CC-00358
Originating Judge:J. Curwood Witt |
Maury County | Court of Criminal Appeals | 07/15/98 | |
| Trail vs. Transportation Management Svcs., et. al.
01A01-9607-CH-00314
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/15/98 | |
| State vs. Earnest Travis
01C01-9706-CC-00215
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 07/15/98 | |
| Harpeth Valley Utilities Dist., vs. Metro. Gov't.
01A01-9712-CH-00699
|
Court of Appeals | 07/15/98 | ||
| Deon Braden vs. State
01C01-9708-CC-00351
|
Maury County | Court of Criminal Appeals | 07/15/98 | |
| Donoho vs. Donoho, Jr.
01A01-9802-CV-00070
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 07/15/98 | |
| State vs. Morris
03C01-9708-CR-00351
|
Greene County | Court of Criminal Appeals | 07/14/98 | |
| State vs. Hooper
03C01-9704-CR-00152
Originating Judge:E. Eugene Eblen |
Court of Criminal Appeals | 07/14/98 | ||
| State vs. Thomas Stone
02C01-9711-CC-00433
|
Henry County | Court of Criminal Appeals | 07/14/98 | |
| State vs. Ralph Miller
02C01-9709-CC-00361
|
Fayette County | Court of Criminal Appeals | 07/14/98 | |
| State vs. Walden
03C01-9707-CR-00317
Originating Judge:W. Lee Asbury |
Campbell County | Court of Criminal Appeals | 07/14/98 |