APPELLATE COURT OPINIONS

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Ellen Marcus vs. Louis Marcus

02A01-9611-CV-00286

Originating Judge:Robert L. Childers
Shelby County Court of Appeals 01/28/98
Raymond Jackson vs. State

01C01-9608-CR-00368
Davidson County Court of Criminal Appeals 01/28/98
Besh vs. Coppick

01A01-9605-CH-00234

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 01/28/98
01C01-9608-CR-00369

01C01-9608-CR-00369
Davidson County Court of Criminal Appeals 01/28/98
Standard Fire Ins. vs. Chester-O-Donley & Assoc.

01A01-9508-CV-00382

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 01/28/98
Turner vs. Turner

01A01-9704-CV-00188

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 01/28/98
State vs. Tina Overstreet

01C01-9704-CR-00131

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 01/28/98
Charles Crews vs. Dexter Road Partners, et al

02A01-9603-CH-00045

Originating Judge:C. Neal Small
Shelby County Court of Appeals 01/28/98
03C01-9703-CR-00090

03C01-9703-CR-00090

Originating Judge:Thomas W. Graham
Bledsoe County Court of Criminal Appeals 01/28/98
Jackson vs. Corrections Corp. of America

01A01-9606-CH-00276
Court of Appeals 01/28/98
Someday Baby, Inc. vs. Entertainment Int'l.

01A01-9705-CH-00228

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 01/28/98
Sawyer vs. Girsham, et. al.

01A01-9604-CH-00176

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 01/28/98
Monroe Brown vs. State

01C01-9607-CR-00305
Davidson County Court of Criminal Appeals 01/27/98
State vs. Jerry Duffey

01C01-9610-CC-00427

Originating Judge:William M. Barker
Maury County Court of Criminal Appeals 01/27/98
State vs. Daniel Barnes

01C01-9702-CR-00070

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 01/27/98
State vs. Alton Waller

01C01-9611-CC-00479

Originating Judge:Donald P. Harris
Williamson County Court of Criminal Appeals 01/27/98
State vs. Horne

03C01-9607-CR-00275

Originating Judge:James E. Beckner
Hawkins County Court of Criminal Appeals 01/26/98
State vs. Dewayne Moore

02C01-9705-CC-00167
Madison County Court of Criminal Appeals 01/26/98
State vs. Harris

03C01-9704-CC-00134

Originating Judge:Ben W. Hooper, II
Sevier County Court of Criminal Appeals 01/26/98
Knight vs. State

03C01-9705-CR-00162

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 01/26/98
Annie Atkins v. Yamakawa Manufacturing Co., Inc.

01S01-9706-CV-00138
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 plaintiff filed this suit and alleged she had developed bilateral carpal tunnel syndrome in the course and scope of her employment with the defendant. The trial judge found the plaintiff had sustained an anatomical impairment of ten percent to the right wrist and five percent to the left wrist for an average of seven and one half percent to each wrist. The trial judge awarded the plaintiff permanent partial benefits based on a finding of 35 percent vocational disability to each arm, ordering part of the award to be paid in a lump sum. The trial judge also awarded the plaintiff the expense of obtaining the Standard Form Medical Report and deposition of her treating physician as well as the expenses of taking the depositions of two evaluating physicians. The defendant says the plaintiff is not vocationally disabled and therefore not entitled to benefits and expenses. We affirm the judgment of the trial court. The plaintiff was age 4 at the time of trial. She is a divorced mother of five children who has a high school degree with no specialized job skills or training. Her work history consists almost entirely of unskilled, hand intensive labor. The plaintiff has worked for the defendant as a machine operator since early 1992. In this capacity, the plaintiff presses buttons of five different machines while continuously loading and unloading parts from the machines and placing completed component parts in a basket at her work station. The evidence of whether the plaintiff has sustained a vocational disability is based upon the testimony of the plaintiff and the depositions of three doctors. The plaintiff testified she began having pain in her hands as early as 1993. She saw a series of doctors about this pain. In May 1996, she selected Dr. Jack M. Miller, whom she saw for examination, treatment, and operation. The plaintiff underwent surgery first on her right hand and later on her left hand, but she testified that she continued to complain to Dr. Miller about the pain and numbness in her 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. James E. Walton,
Robertson County Workers Compensation Panel 01/26/98
Anne Crossett v. Babcock Industries, Inc., et al.

01S01-9701-CV-00001
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Sumner County Workers Compensation Panel 01/26/98
James v. Peeler

01S01-9707-CV-00145
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 Supreme Court on May 17, 1996 affirmed a judgment for the plaintiff entered on September 22, 1994 whereby he was awarded benefits for (1) the loss of an eye, (2) temporary, total disability, and (3) "all medical expenses." Benefits for the loss of an eye were calculated to be $16,524., which was paid. Benefits for temporary, total disability were $6,616.8, which was paid. Medical treatment was provided by the Veterans' Administration, whose charges, proved at the trial, were $11,438.. On August 1, 1996, the plaintiff filed a petition for the Writ of Mandamus seeking the judicial coercion of the defendant to pay (1) interest on the benefits for permanent, total disability; (2) interest on the temporary, total benefits, and (3) payment of the medical expenses with accrued interest. The defendant filed a "Response to Petition for Writ of Mandamus," alleging that the interest "has now been paid." With respect to the medical expenses, the defendant responded that on December 15, 1993, before the case was tried, it received a letter from the VA enclosing a statement for medical services provided to the plaintiff in the amount of $11,438.. Payment was requested by draft payable to the VA. After the case was concluded, the VA agreed to accept $7,625. in settlement of its claim for medical expenses. The trial court ruled that "the VA had a valid subrogation interest in the amount of $11,438. for medical benefits provided to the plaintiff and that the
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William B. Cain
Wayne County Workers Compensation Panel 01/26/98
State vs. Shropshire

03C01-9612-CR-00454
Knox County Court of Criminal Appeals 01/26/98
State vs. Quentin Lewis

02C01-9702-CR-00052
Shelby County Court of Criminal Appeals 01/26/98