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| Jerry Cunningham vs. Baker, et al
02A01-9712-CV-00299
|
Court of Appeals | 04/30/98 | ||
| Regan vs. Malone
03A01-9707-CH-00281
|
Court of Appeals | 04/30/98 | ||
| City of Blaine vs. Hayes
03A01-9711-CH-00520
|
Court of Appeals | 04/30/98 | ||
| McClellan vs. Stanley
03A01-9708-CV-00343
|
Court of Appeals | 04/30/98 | ||
| Foulke vs. City of Greeneville
03A01-9712-CV-00523
|
Greene County | Court of Appeals | 04/30/98 | |
| State vs. Pam Davis
02C01-9704-CC-00139
|
McNairy County | Court of Criminal Appeals | 04/30/98 | |
| Hon. Frank v. Williams,
03S01-9706-CH-00074
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. In March 1995, the plaintiff in this case brought suit against Superior Steel, Inc. and Liberty Mutual Insurance Company ("the defendants") and the Second Injury Fund1 claiming that he was entitled to recover workers' compensation benefits for two work related injuries: a knee injury and an occupational disease. First, the trial judge found that the plaintiff had sustained a ten percent permanent partial disability to his right leg. Second, the trial judge found that the plaintiff was 1 percent permanently and totally disabled as a result of a chronic obstructive pulmonary disorder which he classified as an occupational disease because the plaintiff's condition was exacerbated by breathing diesel fumes during his employment with the defendant. The trial judge merged the two injuries and thereby awarded the plaintiff 1 percent disability benefits. The defendants appeal the trial court's findings regarding the plaintiff's occupational disease, contending that the trial judge erred (1) in ruling that the statute of limitations had not expired, (2) in ruling that notice had been properly given, and (3) in finding that the plaintiff's condition was an occupational disease which arose out of and in the course of his employment with the defendant. The defendants do not appeal the trial court's findings of disability to the plaintiff's leg, but a brief reference to the knee injury is necessary for a proper discussion of the facts. We affirm the judgment of the trial court. BACKGROUND The plaintiff, 48 years of age, worked as an oiler and crane operator for most of his working life -- approximately 28 years. For almost 32 years of his life, the plaintiff smoked two packs of cigarettes per day. The plaintiff quit smoking in June 1992. 1 The trial judge dismissed the Second Injury Fund from this case and we find the dismissal was proper. By reason of Tenn. Code. Ann. __ 5-6-28(a) and (b), the Second Injury Fund is not liable to the plaintiff. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Frederick D. Mcdonald, |
Knox County | Workers Compensation Panel | 04/30/98 | |
| State vs. Mario Boyd
02C01-9703-CR-00110
|
Shelby County | Court of Criminal Appeals | 04/30/98 | |
| State vs. Anderson
03C01-9703-CC-00093
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 04/29/98 | |
| State vs. James Crawford
02C01-9712-CR-00471
|
Shelby County | Court of Criminal Appeals | 04/29/98 | |
| IN RE: Swanay
03A01-9712-PB-00542
Originating Judge:Inman |
Court of Appeals | 04/29/98 | ||
| Hampton vs. TN. Truck Sales, Inc.
01A01-9711-CH-00640
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/29/98 | |
| Vaughn, et. ux. vs. King, et. ux.
01A01-9707-CV-00330
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 04/29/98 | |
| State vs. Fowler
03C01-9709-CC-00391
Originating Judge:J. Curwood Witt |
Jefferson County | Court of Criminal Appeals | 04/29/98 | |
| Huang vs. Gates vs. Huang
01A01-9709-CV-00462
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 04/29/98 | |
| 03A01-9708-CV-00377
03A01-9708-CV-00377
|
Court of Appeals | 04/29/98 | ||
| McGill vs. Hendrix
01A01-9709-PB-00536
|
Davidson County | Court of Appeals | 04/29/98 | |
| State vs. Jon Hall
02C01-9703-CC-00095
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 04/29/98 | |
| Allman vs. Allman
M1997-00251-COA-R3-CV
This appeal involves a dispute over the interpretation of a provision in the marital dissolution agreement giving the wife an automobile but requiring the husband to continue making the car payments. After the automobile was totally destroyed in a one-vehicle accident, the wife's insurance company paid the balance remaining on the car loan. After the husband refused to pay the wife an amount equal to the balance of the car loan, the wife filed a petition in the Circuit Court for Sumner County seeking to hold him in contempt. Following a bench trial, the trial judge ordered the husband to pay the wife $7,644.22 representing the balance of the loan when the automobile was destroyed, as well as $1,355 for her legal expenses. We have determined that the marital dissolution agreement allocated the risk of loss of the automobile to the wife and, therefore, reverse the $7,644.22 judgment. We have also determined that the $1,355 judgment must be vacated and that the case should be remanded for further proceedings.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 04/29/98 | |
| Vaughn vs. Vaughn
01A01-9707-CV-00347
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/29/98 | |
| Spencer vs. Hutchison
03A01-9712-CV-00522
|
Court of Appeals | 04/29/98 | ||
| Bickford vs. Bickford
01A01-9711-CH-00645
|
Rutherford County | Court of Appeals | 04/29/98 | |
| Calkins vs. Calkins
03A01-9709-CH-00413
|
Sevier County | Court of Appeals | 04/29/98 | |
| Greenman vs. Hutchins
03A01-9709-CV-00404
|
Court of Appeals | 04/29/98 | ||
| State vs. Frederick Edwards
02C01-9704-CC-00157
|
Weakley County | Court of Criminal Appeals | 04/29/98 |