APPELLATE COURT OPINIONS

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Amos Curtis Copeny vs. State

01C01-9606-CR-00240
Davidson County Court of Criminal Appeals 08/15/97
Danny J. Cole vs. State

01C01-9608-CR-00333

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young

01C01-9605-CC-00195

Originating Judge:Leon C. Burns, Jr.
White County Court of Criminal Appeals 08/15/97
Kim Lamar Witt vs. State

01C01-9606-CR-00274

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 08/15/97
State vs. Willard C. Cook, Sr.

01C01-9501-CC-00001

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 08/15/97
State vs. Montro Taylor

02C01-9703-CR-00114
Shelby County Court of Criminal Appeals 08/15/97
State vs. Robert Apollo Cantrell & Lorene E. Weakley

01C01-9605-CC-00216
Court of Criminal Appeals 08/15/97
State vs. Marshall Lane Scruggs

01C01-9608-CR-00375

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 08/15/97
01CO1-9605-CR-00201

01CO1-9605-CR-00201

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 08/15/97
Debbie Lee Givens vs. State

01C01-9608-CR-00372
Davidson County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young

01C01-9605-CC-00195

Originating Judge:Leon C. Burns, Jr.
White County Court of Criminal Appeals 08/15/97
State vs. Willard C. Cook, Sr.

01C01-9501-CC-00001

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 08/15/97
State vs. Anand Franklin

01C01-9603-CR-00101

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 08/15/97
State vs. Johnny Goode

02C01-9611-CR-00428
Shelby County Court of Criminal Appeals 08/15/97
State vs. Bryan Hanley

01C01-9508-CC-00266
Hickman County Court of Criminal Appeals 08/15/97
Tony A. Makoka v. State

01C01-9603-CC-00124

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 08/15/97
State vs. Martin Terrell

02C01-9701-CC-00001
Tipton County Court of Criminal Appeals 08/15/97
State vs. David Davenport

02C01-9612-CC-00444

Originating Judge:Whit A. Lafon
Henderson County Court of Criminal Appeals 08/14/97
Young vs. Young

01A01-9610-CH-00473

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 08/13/97
Jerry D. Carney v. David Mills, Warden

W2004-01563-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 08/13/97
Kireyczyk, et. al. vs. MF Athletic Club

01A01-9612-CV-00549
Court of Appeals 08/13/97
Maytag v. Elliott

03S01-9611-CV-00112
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 employer, Maytag Cooking Products, has appealed from the action of the trial court in awarding the employee permanent partial disability benefits of 4% to her left arm. The only issue on appeal is whether the expert medical testimony is sufficient to support the award of permanent disability. Carolyn D. Elliott was 5 years of age at the time of the trial and was a high school graduate. She had been employed by Maytag Cooking Products and a prior company for about 25 years. For some period of time, she was on a production line using an air gun to put screws through switches on a panel. Although she had some problems several years earlier, her left elbow began hurting so much she had to seek medical treatment during June 1993. This gradual injury resulted in her seeing several doctors and eventually in her seeing Dr. Richard B. Donaldson, the only expert medical witness to testify. At the trial below, which was about three years later, she told the court she still had pain in her arm; swelling of the arm frequently occurred and she did not feel her condition had improved very much. She had returned to work and was earning an amount equal to or greater than her previous wage. Her employer had reassigned her to lighter duty work but she did not feel she was performing her work satisfactorily. She testified she still could not iron, mow the yard, use a hair dryer or lift anything with her left arm. She is left-handed. She expressed the opinion that she had about an 8% loss of use of her left arm. Dr. Richardson, an orthopedic surgeon, testified by deposition. He said he saw her in connection with her obtaining a second opinion as to her medical condition. He testified she had a lateral and medial epicondylitis of the left elbow and this was a condition commonly known as tendinitis or tennis elbow. He recommended surgery which he felt would improve her condition but this had not 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earle G. Murphy,.
Knox County Workers Compensation Panel 08/13/97
Tate vs. TN. Bd. of Paroles & Myers

01A01-9703-CV-00156

Originating Judge:Ben H. Cantrell
Davidson County Court of Appeals 08/13/97
01A01-9702-

01A01-9702-

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 08/13/97
Hayes v. School

03S01-9609-CV-00093
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 employer, School Calendar Company, has perfected this appeal from a decision of the trial court to award the employee, Alma Joyce Hayes, 2% permanent partial disability benefits to each arm. The employer insists the employee's injury was not work-related and that the claim was not filed within the one year statute of limitations period. The employee contends the award is not adequate and should be increased. Alma Joyce Hayes began working for School Calendar Company in 1988 and was employed as a proofreader. She testified her duties required her to use her hands and wrists repetitively. She first began experiencing problems with her hands and arms during July, 1994, thinking her condition was due to arthritis. She continued working until about February 17, 1995, when she was laid-off due to a reduction in the company's workload. While on lay-off status, she decided to see a doctor about her condition. On about June 28, 1995, Dr. Hovis examined her and told her she had bilateral carpal tunnel syndrome and that he was of the opinion her condition was work-related. She immediately notified her employer and a company representative told her the company did not feel responsible for her condition since she no longer worked for them. This suit for workers' compensation benefits was filed on August 3, 1995. Dr. Hovis performed surgery on the right hand on August 4, 1995, and surgery on the left hand on August 11, 1995. The circuit judge was faced with conflicting evidence on the causation question. The only expert medical testimony was presented by deposition from two orthopedic surgeons, Dr. William M. Hovis and Dr. M.J. Gutch. Dr. Hovis originally was of the opinion her condition was the result of her work duties based upon the history given. He later changed his opinion when he was shown a videotape depicting the nature and type of work she usually performed. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. William L. Jenkins,
Knox County Workers Compensation Panel 08/13/97