APPELLATE COURT OPINIONS

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State vs. Dewayne Moore

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

03C01-9607-CR-00275

Originating Judge:James E. Beckner
Hawkins 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
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
Knight vs. State

03C01-9705-CR-00162

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 01/26/98
State vs. Nicole Gray

02C01-9612-CR-00442
Shelby County Court of Criminal Appeals 01/23/98
Schering Healthcare vs. St. Bd. Equalization

02A01-9703-CH-00058

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 01/23/98
03C01-9610-CR-00407

03C01-9610-CR-00407

Originating Judge:Mayo L. Mashburn
Bradley County Court of Criminal Appeals 01/23/98
State vs. George Woods

02C01-9701-CC-00037
Hardeman County Court of Criminal Appeals 01/23/98
Riley vs. State

03C01-9705-CR-00181

Originating Judge:E. Eugene Eblen
Morgan County Court of Criminal Appeals 01/23/98
State vs. Jason Pickens

02C01-9612-CC-00486
Hardin County Court of Criminal Appeals 01/23/98
State vs. Cynthia & Rhodney Roberson

02C01-9702-CC-00083

Originating Judge:Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 01/23/98
State vs. Ronald Cass

02C01-9612-CC-00489

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 01/23/98
State vs. Wilbur Kerney

02C01-9608-CC-00264

Originating Judge:William B. Acree
Weakley County Court of Criminal Appeals 01/22/98
State vs. Bobbie Weathers

02C01-9703-CC-00123

Originating Judge:John Franklin Murchison
Henderson County Court of Criminal Appeals 01/22/98
James Dollar v. Florida Steel Corporation

02S01-9608-CH-00071
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Ash, Judge
Madison County Workers Compensation Panel 01/22/98
Hicks vs. Hicks

03A01-9708-CV-00359
Court of Appeals 01/22/98
03C01-9607-CR-00269

03C01-9607-CR-00269
Knox County Court of Criminal Appeals 01/22/98
State vs. William Bogus

02C01-9506-CC-00169

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 01/22/98
State vs. Robert Glen Coe

02C01-9606-CR-00200
Shelby County Court of Criminal Appeals 01/22/98
Thompson vs. State

03C01-9611-CR-00395

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 01/22/98
Wilson vs. Wilson

03A01-9708-CV-00324
Court of Appeals 01/22/98
State vs. Maurice Manley

02C01-9612-CC-00482

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 01/22/98