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State vs. Willie Covington 02C01-9610-CR-00378 Originating Judge:Joseph B. Dailey	Shelby County	Court of Criminal Appeals	09/17/97
Jacobsen vs. Flathe 01A01-9511-CH-00510 Originating Judge:Henry Denmark Bell	Williamson County	Court of Appeals	09/17/97
State vs. Michael Gregg/Laird Payne 02C01-9611-CR-00394 Originating Judge:Bernie Weinman	Shelby County	Court of Criminal Appeals	09/16/97
State vs. Cedric Davis 02C01-9610-CR-00352	Shelby County	Court of Criminal Appeals	09/16/97
State vs. Bobby Anderson 02C01-9707-CC-00232	Lauderdale County	Court of Criminal Appeals	09/16/97
Shepherd vs. Perkins 03A01-9701-CH-00015		Court of Appeals	09/16/97
State vs. Hastie Love 02C01-9706-CC-00214	Lauderdale County	Court of Criminal Appeals	09/16/97
State vs. Russell 03C01-9608-CR-00319 Originating Judge:Mayo L. Mashburn	Polk County	Court of Criminal Appeals	09/16/97
State vs. Ronald Mitchell 02C01-9702-CC-00070	Lauderdale County	Court of Criminal Appeals	09/15/97
State vs. Cecil Grose 02C01-9609-CR-00310 Originating Judge:Carolyn Wade Blackett	Shelby County	Court of Criminal Appeals	09/15/97
Richard Deberry vs. Lexington Electric System, et al 02A01-9610-CV-00257 Originating Judge:Charles O. Mcpherson	Henderson County	Court of Appeals	09/15/97
W.J. Gray vs. State of TN 02A01-9703-BC-00055		Court of Appeals	09/15/97
State vs. Isaac Herron 02C01-9509-CR-00253 Originating Judge:W. Fred Axley	Shelby County	Court of Criminal Appeals	09/15/97
State vs. Runako Blair 02C01-9608-CR-00277		Court of Criminal Appeals	09/15/97
Robinson vs. Omer, Sr. 01S01-9611-CV-00228		Supreme Court	09/15/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX Originating Judge:Jon Kerry Blackwood	Hardeman County	Court of Criminal Appeals	09/12/97
Abigail Hackett v. Fidelity & Casualty Co. of New York, et al. 01S01-9701-CH-00003 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 of findings of fact and conclusions of law. This case presents the issue of whether permanent partial disability ("PPD") awards of 5% and 25% are excessive in light of anatomical disability ratings of 12% and 5%. We conclude that the awards were not excessive and affirm the trial court's decision. The employee/appellee, Abigail Hackett, slipped and fell while coming off her shift at her employer's factory. She suffered extensive injury to both knees. Dr. Robert Landsberg, the orthopaedic surgeon who operated on her knees, testified that she had a 12% impairment in her left leg and a 5% impairment in her right leg. Hackett, age 44, has a GED and has worked in the past as a maintenance worker, school bus driver and sewing machine operator. As a result of the injuries to her knees, she can no longer perform these jobs. After the surgery, Hackett returned to work as a fork lift driver. The employer, G.F. Office Furniture, has accommodated her disability by modifying assembly line procedures. The trial court awarded Hackett a lump sum of $41, 35.5, which represented a PPD assessment of 5% to her left leg and 25% to her right leg. The employer/appellant argues that the trial court's award was excessive 2 Authoring Judge: Robert S. Brandt, Senior Judge Originating Judge:Hon. C. K. Smith,	Wilson County	Workers Compensation Panel	09/12/97
State vs. John Rheaume 02C01-9607-CR-00246		Court of Criminal Appeals	09/12/97
State vs. Tyrone Henderson 02C01-9610-CR-00376		Court of Criminal Appeals	09/12/97
Timothy v. Potter, Dickson, Tennessee, For Appellant, J.M.S. 01-98-001-CC Originating Judge:A. Andrew Jackson	Dickson County	Court of Appeals	09/12/97
Joseph Craig v. Murray Guard, Inc., et al. 01S01-9612-CH-00251 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance 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 and its insurer contend the injury did not arise out of the employment and that the award of permanent partial benefits is excessive. The employee contends the award is inadequate. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Joseph Craig, was sixty-eight years old at the time of the injury. He has a college degree in engineering but has never been employed in that field. On March 12, 1995, while working as a security guard for Murray, he slipped and fell to a linoleum floor, fracturing his left hip. The employer's contention is that the injury is not compensable because the proof does not establish that there was any slippery substance on the floor. The injured hip was surgically repaired by Dr. Daniel Phillips, who assigned no permanent impairment or limitations. Another orthopedic surgeon, Dr. John McInnis, examined the claimant and opined he would retain a permanent impairment of five percent to the whole body and advised that the claimant limit his activities to minimal squatting and walking and not more than two or three hours of standing per day. The claimant returned to work on May 5, 1995 at his previous salary. The trial court found the injury to be compensable and awarded permanent partial disability benefits based on five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). In a workers' compensation case, the claimant is not required to establish any degree of fault by the employee, merely that the injury resulted from an accident arising out of and in the course of employment. An injury arises out of the employment when there is apparent to the rational mind, upon a consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Fink v. Caudle, 856 S.W.2d 952 (Tenn. 1993). The employer's contention that the fall was idiopathic is based entirely on the circumstance that no slippery substance was found on the floor where the claimant fell. The claimant was alone at the time and was not found 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Walter C. Kurtz,	Davidson County	Workers Compensation Panel	09/12/97
Brenda Gail Howell v. Murray Ohio Manufacturing Co. 01S01-9609-CH-00176 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant employer insists (1) the award of permanent partial disability benefits based on sixty percent to the body as a whole is excessive, (2) the trial court applied an incorrect compensation rate, and (3) the trial court erred in commuting the award to a lump sum. The lump sum issue was withdrawn during oral argument. As discussed below, the panel has concluded the award of permanent partial disability benefits and the compensation rate should be modified. Because both issues are fact driven, appellate review 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. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies. Authoring Judge: Robert A. Lanier, Special Judge Originating Judge:Hon. James L. Weatherford,	Lawrence County	Workers Compensation Panel	09/12/97
Charles H. Smith v. Kinetic Concepts, Inc. 01S01-9610-CH-00207 Authoring Judge: William S. Russell, Retired Judge Originating Judge:Hon.	Smith County	Workers Compensation Panel	09/12/97
Robert Stone v. Saturn Corporation 01S01-9610-CH-00213 Authoring Judge: William S. Russell, Retired Judge Originating Judge:Hon.	Maury County	Workers Compensation Panel	09/12/97
State vs. Doyle Hart 02C01-9612-CC-00451		Court of Criminal Appeals	09/10/97