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| Price vs. TN. Civil Service Comm.
01A01-9508-CH-00336
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/25/97 | |
| Bondy vs. Martin
03A01-9609-JV-00310
|
Monroe County | Court of Appeals | 04/25/97 | |
| Wilda G. Mccarty v. Fast Food Merchandisers, et al.
01S01-9510-CH-00186
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 sustained a work-related injury to her right arm, and the trial court found she suffered a 33% vocational disability to the right arm as a result of the injury or 16.5% to the body as a whole. See Thompson v. Leon Russell Enterprises, 834 S.W.2d 927 (Tenn. 1992). The plaintiff had been injured in a non-work-related car accident in 1978, and she had injured her back in a work-related accident in January of 1991. The injury to the plaintiff's back resulted in a court-approved workers' compensation award of 36.5% permanent partial disability to the body as a whole. The injury to the plaintiff's right arm, the January 1991 injury to the plaintiff's back and the injury received in the 1978 automobile accident combined resulted in the plaintiff being found permanently and totally disabled. The trial court held under the provisions of T.C.A. _ 5-6-28(a), the plaintiff was to be compensated by the employer for the 16.5% whole body disability as a result of the injury to her arm on July 1991 and by the Second Injury Fund for 83.5% whole body disability. Because of the plaintiff's low rate of pay, the trial court, applying T.C.A. _ 5-6-27(4)(A), found the plaintiff to be entitled to receive payment for 55 weeks rather than 4 weeks, the permanent total disability benefits normally applicable. The trial judge assessed all of this extra 15 weeks to the Second Injury Fund. Our standard of review is de novo on the record, accompanied by the presumption that the trial court's findings of fact are correct, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225(e)(2). Where the issue is one of law, our standard of review is de novo without a presumption of correctness. Bradshaw v. Old Republic Ins. Co., 922 S.W.2d 53, 53 (Tenn. 1996). 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Billy Joe White, |
Fentress County | Workers Compensation Panel | 04/25/97 | |
| Smith, et. al. vs. The Castner-Knott Dry Goods
01A01-9512-CV-00554
Originating Judge:William C. Koch |
Davidson County | Court of Appeals | 04/25/97 | |
| Carolyn F. Humphries v. KFC USA, Inc .
O1S01-9607-CH-00147
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Senior Judge James L. Weatherford
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 04/25/97 | |
| Bondy vs. Martin
03A01-9609-JV-00310
|
Monroe County | Court of Appeals | 04/25/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/24/97 | ||
| Joseph Veres vs. State
01C01-9602-CC-00070
|
Putnam County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Callahan
03C01-9507-CC-00203
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Sullivan County | Court of Criminal Appeals | 04/24/97 | |
| 01C01-9612-CC-00521
01C01-9612-CC-00521
|
Grundy County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Bobby Nash
01C01-9409-CR-00330
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Callahan
03C01-9507-CC-00203
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Sullivan County | Court of Appeals | 04/24/97 | |
| William Newton vs. James Cox
02A01-9604-CH-00086
|
Shelby County | Court of Appeals | 04/24/97 | |
| State vs. Jeffery Rigney and Herman Hale
01C01-9605-CC-00212
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 04/24/97 | |
| Jackie Childs vs. State
01C01-9604-CR-00164
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Steve Bryant vs. State
01C01-9605-CR-00190
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Skidmore
03C01-9502-CR-00039
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 04/24/97 | |
| Kenny Covington vs. State
01C01-9604-CR-00149
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| State vs. William Posey
01C01-9605-CR-00214
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Roosevelt Smith vs. State
01C01-9604-CR-00135
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Carolyn Marie Drake v. David Carl Drake
03A01-9610-CV-00312
Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response2 to the petition filed, following an abbreviated trial. On appeal, respondent insists the Trial Court did not have jurisdiction pursuant to Tennessee Code Annotated _36-3-61, et seq., or that the Court refused to permit respondent to present his evidence.
Authoring Judge: HERSCHEL P. FRANKS, J.
Originating Judge:HON. ROBERT M. SUMMITT |
Hamilton County | Workers Compensation Panel | 04/24/97 | |
| State of Tennessee v. Nathan Allen Callahan
03C01-9507-CC-00203
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Nathan Allen Callahan, was convicted by a Sullivan County jury of one count of first-degree murder and one count of second-degree murder, respectively, for the shooting deaths of his mother and younger sister. The jury set punishment for the first-degree murder conviction at life imprisonment and fined the Defendant $47,. for the count of second- degree murder. The trial court ordered twenty-two years imprisonment on the conviction for second-degree murder to be served concurrently with the life sentence.
Authoring Judge: David H. Welles, Judge
Originating Judge:Hon. R. Jerry Beck |
Sullivan County | Workers Compensation Panel | 04/24/97 | |
| William Tollett vs. State
01C01-9605-CR-00180
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Janet Wolf & Gerald Bowker vs. Ned Ray McWherter
01A01-9505-CV-00209
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 04/23/97 | |
| Blanken v. Philips
03S01-9607-CV-00081
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. Plaintiff injured her left arm at work on February 28, 1992. W hen surgery did not improve the condition or decrease her pain she became markedly depressed. The trial court found that plaintiff's depression was related to her arm injury and awarded her 1 percent permanent total disability based on the two conditions. We affirm the judgment of the trial court. Plaintiff injured her left arm gradually at work in February, March and April of 1992. She was left hand dominant and her work required that she use a staple gun repetitively. Dr. Joseph C. DeFiore, Jr., orthopedic surgeon, treated her left elbow and shoulder from April 13, 1992 through January 24, 1994. When Dr. DeFiore first saw plaintiff, he found tenderness over the left lateral epicondyle area and in her left shoulder, with no specific abnormalities on x- ray. He diagnosed tendinitis of the left shoulder and lateral epicondylitis, or tennis elbow. Plaintiff also reported being extremely depressed, primarily because of the elbow problem. A work-related low back injury contributed to her depression, but we do not consider that injury, which was non-suited at trial. Dr. DeFiore advised plaintiff to avoid use of a staple gun at work, which he thought was causing some of her irritation, gave her a TENS unit for pain control and prescribed exercises. Plaintiff returned to work with the limitation that she do only nonrepetitive, non-overuse work with the left upper extremity. The work she was assigned, though much less harmful according to Dr. DeFiore, still required her to constantly reach with her left hand and arm in order to spray television cabinets with an air pressure gun. Plaintiff continued to have pain in the elbow and therefore had cortisone injections on three occasions, with no improvement. Bone scan found arthritis in the shoulder joint. Plaintiff was deposed by defendant on October 19, 1992, and it was apparently here that both parties' counsel learned from plaintiff about antidepressant medications given to her by her family physician on a continuing basis since her first 2
Authoring Judge: Senior Judge John K. Byers
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Knox County | Workers Compensation Panel | 04/23/97 |