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01C01-9608-CR-00347 01C01-9608-CR-00347 Originating Judge:Ann Lacy Johns	Davidson County	Court of Criminal Appeals	02/26/98
Debra Tipton vs. John Harris 02A01-9706-CV-00114	Shelby County	Court of Appeals	02/26/98
Ronnie Bradfield vs. Stephanie Cole, et al 02A01-9707-CV-00171 Originating Judge:R. Lee Moore Jr.	Lake County	Court of Appeals	02/26/98
Greenback vs. Loudon 03A01-9706-CV-00207 Originating Judge:Russell E. Simmons, Jr.	Loudon County	Court of Appeals	02/26/98
State vs. Gabriel Blackman 02C01-9704-CC-00135 Originating Judge:Jon Kerry Blackwood	McNairy County	Court of Criminal Appeals	02/26/98
01C01-9512-CR-00414 01C01-9512-CR-00414	Davidson County	Court of Criminal Appeals	02/26/98
State vs. Crain 03C01-9604-CC-00149	Unicoi County	Court of Criminal Appeals	02/25/98
State vs. Alfonzo Chalmers W2000-00440-CCA-R3-CD The defendant appeals from his conviction for first degree premeditated murder. He contends that the evidence is insufficient to support the conviction and that the trial court erred by impermissibly commenting on the evidence in violation of article VI, section 9 of the Constitution of Tennessee. We affirm the judgment of conviction. Authoring Judge: Presiding Judge Joseph M. Tipton Originating Judge:Chris B. Craft	Shelby County	Court of Criminal Appeals	02/25/98
State vs. Jones 03C01-9701-CR-00016 Originating Judge:Douglas A. Meyer	Hamilton County	Court of Criminal Appeals	02/25/98
State vs. Millsaps 03C01-9601-CC-00044	Monroe County	Court of Criminal Appeals	02/25/98
03C01-9608-CR-00309 03C01-9608-CR-00309 Originating Judge:Frank L. Slaughter	Sullivan County	Court of Criminal Appeals	02/25/98
State of Tennessee v. James Henderson Dellinger &Amp; Gary E1997-00196-CCA-R3-DD Authoring Judge: Judge Jerry Smith	Blount County	Court of Criminal Appeals	02/24/98
State vs. Chloe Clark 01C01-9704-CC-00134 Originating Judge:Jim T. Hamilton	Maury County	Court of Criminal Appeals	02/24/98
State vs. McConnell 03C01-9604-CC-00148	Hamblen County	Court of Criminal Appeals	02/24/98
Bridgestone/Firestone, Inc. v. Deborah Dunn 01S01-9707-CH-00160 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. This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." A counter-claim followed in course, with the employee alleging that her neck injury resulted in temporary total disability, temporary partial disability, permanent impairment and disability, together with the incurrence of medical expenses. The trial court found the issues in favor of the employee and awarded her benefits based upon a twelve and one-half percent disability to her whole body, thus entitling her to a recovery of $2,793.5 to be paid in a lump sum. By separate order the employee was awarded $6. discretionary costs. The propriety of these awards is questioned on appeal. Our 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 finding, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The claimant is 37 years old, with limited marketable skills. She was initially employed in 1991 or 1992, according to her testimony. In 1992 "something happened to my neck" while loading a spool of wire. Two or three Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. J. Richard Mcgregor	Warren County	Workers Compensation Panel	02/24/98
State vs. Winn 03C01-9702-CR-00081 Originating Judge:James E. Beckner	Hamblen County	Court of Criminal Appeals	02/24/98
State vs. Willliam Trotter . 01C01-9701-CR-00019 Originating Judge:Ann Lacy Johns	Davidson County	Court of Criminal Appeals	02/24/98
Chad Swatzell vs. State 01C01-9604-CC-00154	Williamson County	Court of Criminal Appeals	02/24/98
State vs. Robert Bitner 02C01-9705-CC-00177 Originating Judge:C. Creed Mcginley	Carroll County	Court of Criminal Appeals	02/24/98
Michael Lee Proffit v. Superior Industries, Inc. 03S01-9701-CH-00008. This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer has appealed from an adverse judgment, contending the award of permanent partial disability benefits is excessive. The employee contends the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Proffitt, is 37 years old with a fifth grade education and experience as a mason's helper, a painter, a farm worker and a sawmill operator. He began working for the employer in 1993 as a janitor. On April 25, 1994, he was assisting another worker to empty a heavy trash barrel when he felt a sudden pulling sensation in his back. He continues to have sharp pain in his back and numbness in his back and legs. He no longer works for Superior Industries. Four medical doctors testified at the trial. Dr. Henry J. Williams treated the claimant in the emergency room shortly after the accident and diagnosed lumbar strain. The doctor first assigned no permanent impairment. After further visits, however, he assessed a permanent impairment of one percent to the body as a whole. Dr. Matthew Wood, Jr. examined the claimant and found no permanent impairment. Dr. Fred Killefer agreed with Dr. Wood. Dr. Calvin J. Johnson examined the claimant and found objective evidence of injury in the form of muscle spasm. He diagnosed chronic low back syndrome with facet arthritis and assessed ten percent permanent impairment to the whole body. He restricted the claimant from repetitively bending, stooping, squatting or lifting more than twenty pounds. The trial judge awarded permanent partial disabilitybenefits on the basis of twenty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. G. Richard Johnson,	Knox County	Workers Compensation Panel	02/24/98
State vs. Leon Woodlee 01C01-9611-CC-00465	Warren County	Court of Criminal Appeals	02/24/98
State vs. Donald Long 02C01-9610-CC-00362 Originating Judge:John Franklin Murchison	Henderson County	Court of Criminal Appeals	02/24/98
State vs. Jeffery Casey 02C01-9701-CC-00015 Originating Judge:Julian P. Guinn	Decatur County	Court of Criminal Appeals	02/24/98
Joseph D. Lewis v. The Yasuda Fire & Marine Ins. Co., et al. 01S01-9702-CV-00036 Authoring Judge: William S. Russell, Retired Judge Originating Judge:Hon.	Lewis County	Workers Compensation Panel	02/24/98
Ulyes Williams v. City of Knoxville 03S01-9706-CV-00070 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The City of Knoxville contends (1) the claim is barred by the statute of limitations and (2) the trial court erred in not accepting the opinion testimony of the treating physician. The claimant contends the trial court erred in allowing credit for overpaid temporary total disability benefits. The panel has concluded the judgment should be affirmed. The claimant, Williams, has less than an eighth grade education, little or no reading or writing skills and no vocational training. He was 39 years old at the time of the trial. He has worked for the city since about 1988, first as a laborer and later as tractor-mower operator. In 1992, he suffered a compensable back injury, was temporarily disabled and returned to work until September 18, 1995, when he re-injured his back at work. Back surgery was performed on or about November 18, 1995 and he returned to work around March 1, 1996 for a few weeks, quit because of post-surgical problems, then returned again around July 1, 1996. He has since been terminated. This civil action was commenced on March 29, 1996. The defendant filed and served its answer on April 26, 1996, but did not aver therein that the claim was barred by any statute of limitations. That a claim is so barred is an affirmative defense and the facts constituting such defense must be set forth in short and plain terms in a defendant's answer. Tenn. R. Civ. P. 8.3. Moreover, the record fails to establish that the claimant had fair notice of the employer's intention to assert the statute of limitations as a defense. The defense was thus waived. Tenn. R. Civ. P. 12.8. Additionally, the panel finds the defense to be without merit. The first issue is resolved in favor of the appellee. As the employer insists, citing Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991), the trial judge must choose which of conflicting expert medical opinions to accept. We are aware of no rule which 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Dale C. Workman	Knox County	Workers Compensation Panel	02/24/98