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| Bobby Lee Powers v. Aetna Casualty
03S01-9707-CH-00085
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 trial court found plaintiff, Bobby Lee Powers, to be 1% disabled and awarded benefits for a period of 4 weeks pursuant to the provisions of T.C.A. _ 5-6-242. The judgment recited plaintiff was "found to have a 1 percent permanent, partial disability." Defendant insurance carrier, Aetna Casualty & Surety Company, was held liable for 8% of the award and the remaining 2% was allocated to the Second Injury Fund. The insurance carrier has appealed insisting plaintiff was found to be totally disabled and that the award of benefits should be paid until plaintiff becomes 65 years of age pursuant to the provisions of T.C.A. _ 5-6-27(4)(A)(I). This would result in payments being made for 262 weeks since plaintiff reached his maximum medical improvement on July 9, 1996. Aetna also argues the trial court was in error in making the 8% allocation to it as the court failed to take into account a previous award of workers' compensation benefits paid to plaintiff. The Second Injury Fund also contends the award should be computed under T.C.A. _ 5-6-27 rather than the provisions of T.C.A. _ 5-6-242. The state fund insists the allocation of 2% of the award to it was proper since an earlier workers' compensation award paid to the plaintiff was never approved by a court. Plaintiff was injured while working for Charles Blalock & Sons, Inc. on December 1, 1994. He was 58 years old when injured and 6 years of age at the time of trial. He completed the 4th grade and began working at age 13 years. He testified he could not read or write but could change money. His work experience is mostly in the construction industry. On the day of his last injury, he was operating a bulldozer and was backing up when he suddenly struck a large rock. This caused a whiplash injury to his neck and back and the force was strong enough to break the neck rest on the bulldozer. He continued to work with a lot of pain and medication until November, 1995. He has not worked anywhere since this time. Plaintiff has suffered a number of health problems prior to this last work- related injury. In 1966 he injured his back with another employer and was 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 06/18/98 | |
| Application, The State Relies on Its Response In State v. Paul Dennis Reid, Jr., No. 01C01-
01C01-9805-CR-00237
|
Davidson County | Court of Criminal Appeals | 06/18/98 | |
| State vs. McNeese
03C01-9707-CC-00273
|
Greene County | Court of Criminal Appeals | 06/18/98 | |
| Application, The State Relies on Its Response In State v. Paul Dennis Reid, Jr., No. 01C01-
01C01-9806-CC-00244
|
Rutherford County | Court of Criminal Appeals | 06/18/98 | |
| Wm. Fletcher v. WaUSAu Ins. Co.
03S01-9708-CH-00096
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 trial court awarded plaintiff, William Fletcher, 2% permanent partial disability to the body as a whole and other statutory benefits against defendant, Wausau Insurance Company, and defendant-employer, Tanknology Corporation International. The claim was dismissed as to defendant, National Surety Corporation, and there has been no appeal from the order of dismissal. Defendant Wausau has appealed insisting (1) it was not the employer's insurer in Tennessee and therefore not subject to being sued in Tennessee, (2) that T.C.A. _ 5-6-115 has no application to the case as plaintiff's contract for hire was not made in Tennessee nor was the employment principally localized within Tennessee, and (3) the action in Tennessee should be barred under the doctrine of election of remedies. Plaintiff began employment with Tanknology during January 199 as a result of a contract for hire in Texas. He was employed as a tester and traveled with a mobilized unit conducting tests on underground storage tanks for major oil companies. He was assigned to the southeast region and this territory covered seven states including Tennessee. He testified he traveled in his work about seventy-five percent of the time and he spent about 3% of his time working in Tennessee. On March 26, 1991, he sustained a back injury while working in Asheville, North Carolina. He saw Dr. Rick Longie on March 28, 1991 in Chattanooga, Tennessee. He later was treated by Dr. Alvin Spunt in Harriman, Tennessee, because Dr. Spunt was closer to his residence in Kingston, Tennessee, where he and his family were living. Dr. Longie, a chiropractor, testified by deposition and stated his office received permission from plaintiff's employer in Houston, Texas to treat plaintiff and that Wausau Insurance Company, Houston, Texas, was identified as the employer's workers' compensation insurance carrier. He forwarded claims to the insurance 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frank V. Williams, |
Knox County | Workers Compensation Panel | 06/18/98 | |
| Pamela & Sammy Gordon vs. Dr. Donald Wilson M.D.
02A01-9611-CV-00282
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 06/17/98 | |
| Constance Yance vs. Jerry Yance
02A01-9710-CH-00275
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 06/17/98 | |
| State vs. David Bateman
01C01-9710-CC-00443
|
Dickson County | Court of Criminal Appeals | 06/17/98 | |
| 01C01-9701-CR-00031
01C01-9701-CR-00031
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 06/17/98 | |
| James Jackson vs. State
01C01-9609-CR-00387
Originating Judge:William M. Barker |
Davidson County | Court of Criminal Appeals | 06/17/98 | |
| State vs. Terron Borden
02C01-9802-CC-00050
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 06/17/98 | |
| Eligibility In State v. Cooper, No. 01C01-9604-Cc-00150 (Tenn. Crim. App. At
01C01-9701-CR-00031
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 06/17/98 | |
| State vs. Paul Leath
01C01-9511-CC-00392
Originating Judge:J. O. Bond |
Macon County | Court of Criminal Appeals | 06/17/98 | |
| Phillip Hall vs. Donal Campbell, et al
02A01-9801-CV-00015
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 06/16/98 | |
| 01A01-9707-CH-00348
01A01-9707-CH-00348
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Appeals | 06/16/98 | |
| State vs. Gilliland
03C01-9706-CC-00211
Originating Judge:William M. Barker |
Cocke County | Court of Criminal Appeals | 06/16/98 | |
| Long, et. ux. vs. Landmark Television of TN
01A01-9709-CV-00483
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/16/98 | |
| Fagg vs. County of Franklin
01A01-9710-CV-00589
Originating Judge:Thomas W. Graham |
Franklin County | Court of Appeals | 06/16/98 | |
| 07-93-017-CC
07-93-017-CC
Originating Judge:A. Andrew Jackson |
Dickson County | Court of Appeals | 06/16/98 | |
| Charles O. Wright v. Miller Transporters, Etc .
02S01-9704-CV-00039
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 trial judge found the plaintiff had failed to show that injuries he received on November 2, 199 arose out of and in the course of his employment, and the plaintiff's suit was dismissed. We reverse the judgment of the trial court and remand this case thereto for further proceedings.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. George H. Brown, Jr., |
Shelby County | Workers Compensation Panel | 06/16/98 | |
| State vs. Stephen Thorpe
02C01-9709-CR-00357
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 06/15/98 | |
| State vs. Blanton
01S01-9605-CC-00093
Originating Judge:Allen W. Wallace |
Supreme Court | 06/15/98 | ||
| John Du Ban vs. Gary Wilkinson
02A01-9712-CV-00314
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 06/15/98 | |
| State vs. Jacqueline D. Vickers & William Boone
02S01-9610-CC-00092
|
Henderson County | Supreme Court | 06/15/98 | |
| State vs. Blanton
01S01-9605-CC-00093
|
Supreme Court | 06/15/98 |