Jack v. Delany
03S01-9808-CV-00077
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. James B. Scott, Jr.,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends (1) the employee failed to give notice of her injury, (2) the claimant's injury did not arise out of the employment relationship and (3) the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. The claimant initiated this action on May 23, 1997 to recover workers' compensation benefits for her injuries. By its answer, the employer admitted the claimant had, in December of 1995, "complained of an injury to her right arm," but denied "that she complained of an injury to her left arm." It affirmatively averred that it provided her with a panel of three physicians, from which she chose Dr. Randall Robbins; and that Dr. Robbins treated her, referred her to other specialists, and performed surgery on her in April of 1996. The employer did not raise the issue of lack of written notice in its answer. The case was tried on May 29, 1998, when, according to the judgment, the only issues submitted to the trial court were "the extent of permanent, partial disability to be awarded to the plaintiff's right arm and whether the plaintiff is entitled to a judgment for a permanent, partial disability to the left arm, and whether the defendant should reimburse unto the plaintiff and her attorney a portion of the pretrial expenses incurred in preparing this matter for trial, and whether Roger L. Ridenour should receive his attorneys fees in a lump sum." After a trial, the court awarded, inter alia, permanent partial disability benefits based on eighty-five percent to the right arm and sixty percent to the left arm, which equates to or seventy-two and one-half percent to both arms. We have reviewed the case 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, as required by Tenn. Code Ann. _ 5-6-225(e)(2). The employee or claimant, Ms. Russell, is fifty-two years old with a tenth grade education and experience as a factory assembler, first at Burlington Hosiery, then Robbins Seat Belt Company, then at Oliver Springs Apparel and finally with this employer, Advance Transformer Company. She gradually developed disabling pain in both arms, but has continued to work. 2

Willie Witherspoon vs. State
01C01-9809-CC-00363

State vs. Frank C. Bright, Jr .
01C01-9807-CR-00291
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Tim Lee Moore
01C01-9807-CC-00317
Trial Court Judge: Es D. Haston

State vs. John David Neblett
01C01-9805-CC-00231

State vs. Michael O. Brown
01C01-9711-CC-00518
Trial Court Judge: W. Charles Lee

01C01-9810-CR-00431
01C01-9810-CR-00431
Trial Court Judge: Jane W. Wheatcraft

State vs. Jacqueline Stepherson
01C01-9812-CC-00478

State vs. Troy Randall Johnson
01C01-9812-CC-00486

Chris Dykes vs. State
M2005-00948-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Robert G. Crigler
The Petitioner, Chris Allen Dykes, appeals the trial court's denial of his motion to reopen his petition for post-conviction relief. The trial court found the petition to be untimely filed. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

Oaks vs. Oaks
01A01-9901-CH-00046
Trial Court Judge: Patricia J. Cottrell

01A01-9910-CH-00039
01A01-9910-CH-00039
Trial Court Judge: Patricia J. Cottrell

Sandusky vs. Sandusky
01A01-9808-CH-00416
Trial Court Judge: Patricia J. Cottrell

State vs. Jamie Shannon Prater
01C01-9808-CC-00349

State vs. Earl Junior Pike
01C01-9804-CR-00168
Trial Court Judge: Cheryl A. Blackburn

State vs. Miles Mateyko
01C01-9806-CC-00268
Trial Court Judge: W. Charles Lee

State vs. Glynnon Bradshaw
01C01-9810-CR-00439

State vs. Clarence Davis
01C01-9811-CR-00451
Trial Court Judge: Cheryl A. Blackburn

Buddy Lee Attractions, Inc. vs. William Morris Agency
01A01-9804-CH-00185
Trial Court Judge: Irvin H. Kilcrease, Jr.

Northland Insurance Co. vs. State
01A01-9811-BC-00616
Trial Court Judge: William B. Cain

Anthony Bryan Jennette, v. Teresa Lynn Jennette
01A01-9810-CH-00549
Authoring Judge: Presiding Judge Ben H. Cantrell
Trial Court Judge: Judge Robert E. Burch

In this divorce case the husband appeals the trial court’s division of marital property and the order of child support. We affirm the trial court’s order.

Stewart vs. State
01A01-9810-BC-00557
Trial Court Judge: William B. Cain

Buddy Lee Attractions, Inc. vs. William Morris Agency
01A01-9804-CH-00185

Lurie vs. Manning
01A01-9807-CV-00376
Trial Court Judge: Patricia J. Cottrell

Letellier vs. Letellier
01A01-9903-JV-00157
Trial Court Judge: Betty Adams Green