James Raymond Casey v. The Travelers Insurance Company
02S01-9605-CH-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer's insurer contends (1) the award of permanent partial disability benefits is excessive, (2) the award of temporary total disability benefits is excessive and (3) the trial court erred in granting plaintiff's motion for discretionary costs. As discussed below, the panel concludes the judgment should be modified. The employee or claimant, Casey, is 29 years old and has a tenth grade education. His working experience consists of light to medium manual labor. On October 11, 1994, his right hand caught in some belts at work and was injured. He continued working for approximately one month. He was treated by an orthopedic surgeon beginning on December 22, 1994. The treating doctor diagnosed a rupture of the extensor tendon of the last joint of the claimant's right little finger, swelling of the PIP joint of the ring and middle fingers of the same hand and decreased range of hand motion, for all of which he prescribed a splint for the little finger and range of motion exercises for the hand. In time the swelling disappeared and he recovered full range of motion in the hand. He improved to the extent that he could have returned to work on January 13, 1995. The doctor assigned a permanent partial impairment rating of eight percent to the right little finger because the claimant "lacked about thirty degrees of extension of the DIP joint of the right little finger." The doctor's testimony also included the following questions and answers: Q. ... in your opinion, he did not sustain any permanent impairment with regard to his hand or to the arm? A. No, Ma'am. Q. Okay. In your opinion, ... would the plaintiff have necessarily had any problems in going back to work and using his hand? 2
Authoring Judge: Joe C. Loser, Jr., Judge
Originating Judge:Hon. George R. Ellis, |
Crockett County | Workers Compensation Panel | 11/05/96 | |
Helen Bond Scofield, v. Stephen David Scofield
02A01-9512-CH-00276
This case involves a petition for increase of child support. Petitioner, Stephen David Scofield (Father), appeals from the trial court’s order denying his petition to modify the parties’ final decree of divorce to increase child support payments by Respondent, Helen Bond Scofield 2 (Mother).
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Joe G. Riley, Jr. |
Court of Appeals | 11/05/96 | ||
Tyrus C. Ragland and Bonnie S. Ragland, Husband and Wife, and Guy Treece and Marla Treece, Husband and Wife, v. Sidney Feuerstein and Betsy Feuerstein
02A01-9506-CH-00140
This matter appears appropriate for consideration pursuant to Rule 10(b) of the Rules of the Court of Appeals of Tennessee.1 Defendant-Appellants Sidney and Betsy Feuerstein (“Feuersteins”) appeal the Chancery Court’s order in favor of Plaintiff-Appellees Tyrus Ragland and other neighbors enjoining the Feuersteins from building a greenhouse on their property in violation of a restrictive covenant.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor C. Neal Small |
Shelby County | Court of Appeals | 11/05/96 | |
Leonard L. Rowe v. Board of Education of the City of Chattanooga and Dr. Harry Reynolds, Superintendent of Schools
03S01-9603-CV-00033
The Board of Education of the City of Chattanooga and Dr. Harry Reynolds, Superintendent of Chattanooga schools, appeal from the Court of Appeals’ decision finding that Leonard L. Rowe was deprived of liberty without due process of law by a Board policy which renders any employee previously terminated “for cause, inefficiency, or immorality” ineligible for future employment within the Chattanooga school system. The primary issue for our review is whether adoption of Board policy 4117.5 deprived Rowe of a constitutionally protected property or liberty interest to which the requirements of procedural due process apply.1 For the reasons that follow, we conclude that due process is not implicated because the Board policy did not deprive Rowe of either a protected property or liberty interest. Accordingly, the judgment of the Court of Appeals is reversed.
Authoring Judge: Justice Frank M. Drowota, III
Originating Judge:Chancellor R. Van Owens |
Knox County | Supreme Court | 11/04/96 | |
David F. Bush v. Brenda L. Allgood and Mercantile Properties, Inc.
01A01-9605-CV-00207
The Trial Court granted summary judgement dismissing one of the defendants, Mercantile Properties, Inc., and ordered entry of final partial judgment pursuant to T.R.C.P. Rule 54.02. Plaintiff has appealed. The remaining defendant, Brenda L. Allgood, is not involved in this appeal.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 11/01/96 | |
Allen v. Jones
02S01-9512-CV-00127
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. James M. Tharpe |
Shelby County | Workers Compensation Panel | 11/01/96 | |
Susan Kay Pilger Riggs, v. James Landry Riggs
01A01-9601-CV-00007
The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. § 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 11/01/96 | |
Hazel Maness Flatt v. The Insurance Mart, Inc.,
02S01-9601-CH-00007
This workers' compensation appeal was heard by the Special Workers' Compensation Panel in accordance with provisions of T.C.A. _ 5-6-225(e)(3). We have by this opinion reported our findings of fact and conclusions of law to the Supreme Court. Hazel Maness Flatt ("plaintiff") was employed by Gary Wright and his sister Nita Middleton to care for their mother, Lorene F. Wright, at her residence in Chester County. As part of her employment, plaintiff lived in Ms. Wright's home from Monday through Friday. Other sitters provided care for Ms. Wright on weekends. Plaintiff's job duties included fixing meals, cleaning the house, sweeping, vacuuming, washing clothes, taking Ms. Wright on errands, and generally just watching after her. On about October 5, 199, plaintiff injured her back while assisting Ms. Wright into plaintiff's car. The record reflects that Gary Wright served as president of The Insurance Mart, Inc. ("defendant"), a company engaged in the sale of automobile insurance in Nashville. Wright and his wife were the sole shareholders of the defendant company. His sister, Nita Middleton, was an employee of defendant. Plaintiff was paid her weekly checks from defendant's payroll for her services to Ms. Wright. Her W-2 Wage and Tax Statement for 199 listed defendant as her employer. However, defendant listed plaintiff regularly on its Non-Employee Compensation Report. For these apparent reasons, plaintiff filed suit against defendant in the Chancery Court of Chester County. Following a bench trial, the chancell or denied plaintiff's claim for workers' compensation benefits on the grounds that (1) plaintiff was a domestic servant and not an employee of defendant, and (2) that she was also an independent contractor. This appeal followed. 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Chester County | Workers Compensation Panel | 11/01/96 | |
Richard P. Rienholtz, v. Christine Bradley, Commissioner, Tennessee Department of Correction
01A01-9512-CH-00570
Richard P. Rienholtz, an inmate in the Tennessee prison system petitioned the Chancery Court of Davidson County for a declaratory judgment arguing that the Department of Correction’s decision to extend his parole eligibility date for escape was illegal. The chancellor dismissed the petition and we affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/01/96 | |
Martin Silva v. James A. Crossman, d/b/a Jim Crossman Realty - Concurring
01A01-9604-CH-00153
This appeal involves a dispute as to the obligations of the parties under a lease agreement. The lessor of the premises, James A. Crossman, terminated the lease after discovering that the lessee, Martin Silva, had experienced problems with violence and other criminal activities at the previous location of his nightclub. Silva filed a complaint in the Chancery Court for Davidson County seeking damages for breach of the lease contract. The trial court heard the case without a jury and awarded damages to Silva. Crossman has appealed and argues that the trial court erred in failing to find grounds for rescission of the lease and in awarding damages to Silva. For the reasons stated below, we affirm the judgment.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/01/96 | |
Kevin Ryan Mosley v. Tennessee Board of Paroles, et al.
01A01-9604-CH-00162
Kevin Mosley, a prisoner in the custody of the Department of Correction, was twice considered for parole. On each occasion the Parole Board declined to release him, citing as its reason the seriousness of his offense. Mr. Mosley filed a Petition for Certiorari with the Chancery Court of Davidson County, contending that he was entitled to a more definite statement of the Parole Board’s reasons. The prisoner also argued that the Board erred in failing to consider the results of a psychological study it had ordered. The Chancery Court dismissed the petition. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/01/96 | |
Mary Alice Bolton Prince, v. St. Thomas Hospital, et al.
01A01-9604-CV-00184
This is an appeal by plaintiff/appellant, Mary Alice Bolton Prince, from the decision of the trial court granting the motions for summary judgment of defendants/appellees. The trial court based its decision on its finding that Mrs. Prince was fiftypercent or more at fault. The facts out of which this controversy arose are as follows.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 11/01/96 | |
02C01-9512-CC-00381
02C01-9512-CC-00381
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Dyer County | Court of Criminal Appeals | 10/31/96 | |
02C01-9503-CC-00095
02C01-9503-CC-00095
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/31/96 | |
State of Tennessee v. Charles Thompson And Verico
W1998-00351-CCA-R10-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/31/96 | |
Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June
02C01-9610-CC-00340
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Lake County | Court of Criminal Appeals | 10/31/96 | |
02C01-9601-CC-00030
02C01-9601-CC-00030
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Fayette County | Court of Criminal Appeals | 10/31/96 | |
01A01-9606-CH-00259
01A01-9606-CH-00259
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Supreme Court | 10/31/96 | ||
Mario Harris v. State
M2004-01782-CCA-R3-PC
The Defendant, Mario Harris, appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/31/96 | |
02C01-9503-CC-0095
02C01-9503-CC-0095
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Madison County | Court of Criminal Appeals | 10/31/96 | |
Brian Matthew Woosley v. Townsend Electric Company
02S01-9505-CH-00040
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-22 5(e)(2). The sole question raised on appeal is whether the evidence preponderates against the chancellor's holding that the employee's injury arose out of the course and scope of his employment. For the reasons set forth below, we affirm the trial court. The plaintiff, Brian M. Woosley ("Woosley"), was employed as an electrician's he lper for To wnsend Electric. Du ring the sev eral month s of his employment with Townsend, he worked at a series of job sites. The method by which he would arrive at the site varied. For two of the jobs, he met the foreman at the Townsend "shop"on the first day of the job; thereafter he drove his own vehicle to the job site. At a third job location, he met the foreman at the Townsend shop and rode with him to the job site. While at the shop, he sometimes loaded material for use on the job. At a fourth site, the foreman drove to Woos ley's home an d transporte d him to the job. Woo sley was nev er paid until he arrived at the job site and he was never reimbursed for transportation expenses when he drove his own vehicle. On July 13, 1992, Woosley was working at a fifth job in Brownsville when he was injured en route to the job site. For the two weeks prior to his injury, he met Harold Matlock ("Matlock"), the job foreman, at the shop each day and the two went to the Brownsville job together. While working in Brownsville, Woosley was not required to pick up or load materials; he received no instructions 2
Authoring Judge: Janice M. Holder, Special Judge
Originating Judge:Hon. Joe C. Mo Rris |
Madison County | Workers Compensation Panel | 10/30/96 | |
03C01-9510-CC-00320
03C01-9510-CC-00320
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/30/96 | |
Present Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-
02C01-9610-CC-00344
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Lake County | Court of Criminal Appeals | 10/30/96 | |
03A01-9605-CV-00170
03A01-9605-CV-00170
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Court of Appeals | 10/30/96 | ||
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/30/96 |