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Nathan Wayne Smith v. Maremont Corporation 01S01-9703-CV-00077 Authoring Judge: Hamilton V. Gayden, Jr., Special Judge Trial Court Judge: Hon. Jim Hamilton 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 filed this lawsuit alleging that he has suffered permanent partial disability as a result of an accident in the course and scope of his employment with the Defendant. The matter was heard by the trial court on May 1, 1993. The court awarded plaintiff 25% permanent partial impairment to the body as a whole. The trial court also awarded benefits paid in a lump sum. Within 3 days from the judgment of the trial court the plaintiff filed a motion to alter or amend the judgment; the substance of plaintiff's motion to alter and amend was that the court should have awarded a greater percentage of permanent partial impairment based on the proof. Later, in l995 the motion to amend and alter the judgment was amended to contain allegations of newly discovered evidence; this new allegation was based on alleged new discovery of a cervical problem, a slipped disc; plaintiff alleged that this new injury related back to the original lumbar back injury. The trial Judge heard the motion to amend and the later filed amended motion alleging newly discovered evidence. The motion was denied in October, 1996. The court ruled that T.C.A._ 5-6-231 provides that lump sum payments are final and dismissed plaintiff's motion. This appeal presents two issues: (1) Whether the court erred in awarding 25% permanent partial disability, and (2) Whether the court erred in not granting plaintiff's motion for a hearing based upon newly discovered evidence. The panel affirms the trial court on both issues. However, the Panel remands the question of whether the newly discovered cervical disc problem, that led to a subsequent cervical surgery which is the focal point of the motion to alter and to amend, relates back to the original lumbar back injury which, in turn, would render the defendant liable for medical expenses. The proof discloses that Mr. Smith, the plaintiff, at the time of the trial was 51 years old, and possessed a high school education. He has a variety of job skills including previous employment as a carpenter, employment with a termite company, electrical and other diverse jobs. At the 2 time of the injury involved in this lawsuit he was employed with Maremont having worked there from June, 1967 to October, 1988. The plaintiff has been unemployed since 1988.	Smith	Workers Compensation Panel	01/30/98
State vs. Clarence Washington 02C01-9703-CC-00097	Lauderdale	Court of Criminal Appeals	01/30/98
State vs. Clarence Washington 02C01-9703-CC-00097	Lauderdale	Court of Appeals	01/30/98
State vs. Torrance Johnson 02C01-9610-CR-00350	Shelby	Court of Criminal Appeals	01/30/98
State vs. Noah Noble 02C01-9701-CC-00060	Carroll	Court of Criminal Appeals	01/30/98
State vs. Melvin Currie 02C01-9701-CC-00047	Haywood	Court of Criminal Appeals	01/30/98
State vs. Richard Young 02C01-9703-CR-00130 Trial Court Judge: Carolyn Wade Blackett	Shelby	Court of Criminal Appeals	01/30/98
State vs. Estes Anderson 02C01-9704-CC-00141	Lake	Court of Criminal Appeals	01/30/98
02C01-9611-CR-00384Cecil 02C01-9611-CR-00384Cecil Trial Court Judge: Bernie Weinman	Shelby	Court of Criminal Appeals	01/30/98
01C01-9607-CC-00308 01C01-9607-CC-00308	Trousdale	Court of Criminal Appeals	01/30/98
State vs. Marcus Velez 01C01-9611-CC-00488 Trial Court Judge: John H. Gasaway, III	Montgomery	Court of Criminal Appeals	01/30/98
Dillard vs. The Vanderbilt University 01A01-9706-CV-00265 Trial Court Judge: Thomas W. Brothers	Davidson	Court of Appeals	01/30/98
Oolie vs. Qureshi 01A01-9706-CV-00240 Trial Court Judge: Walter C. Kurtz	Davidson	Court of Appeals	01/30/98
Gordon McGee v. Carl Pippin, Helen Pippin, et al. - Concurring 01-A-01-9706-CH-00289 Authoring Judge: Henry F. Todd Trial Court Judge: Chancellor Robert E. Corlew, III This is a suit by a stockholder of an insolvent corporation, against another stockholder, his wife and an employee, seeking judgment against them for dissipation of assets of the corporation, recovery of money due from debtors of the corporation and liquidation of the corporation for the benefit of creditors. Although not designated such in the complaint, the suit appears to be a suit for a receivership. Matter of Liquidation of United American Bank in Knoxville. Tenn. 1987, 743 S.W.2d 911.	Rutherford	Court of Appeals	01/30/98
Horton vs. Hughes 01A01-9601-CV-00045 Trial Court Judge: Hamilton V. Gayden, Jr.	Davidson	Court of Appeals	01/30/98
Tuttle vs. Tuttle 01A01-9512-CV-00546		Court of Appeals	01/30/98
01A01-9605-CH-00229 01A01-9605-CH-00229 Trial Court Judge: Jim T. Hamilton	Maury	Court of Appeals	01/30/98
State vs. Samuel Perry 02C01-9611-CR-00435 Trial Court Judge: Arthur T. Bennett	Shelby	Court of Criminal Appeals	01/29/98
\| State vs. Ricky Jackson 02C01-9702-CR-00081 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	01/29/98
State vs. Michael Holmes 02C01-9703-CR-00106 Trial Court Judge: Chris B. Craft	Shelby	Court of Criminal Appeals	01/29/98
State vs. Demarco Bowdery, et al 02C01-9705-CR-00173 Trial Court Judge: Carolyn Wade Blackett	Shelby	Court of Criminal Appeals	01/29/98
State vs. Frank Bradford 02C01-9701-CR-00042	Shelby	Court of Criminal Appeals	01/29/98
Charles Crews vs. Dexter Road Partners, et al 02A01-9603-CH-00045 Trial Court Judge: C. Neal Small	Shelby	Court of Appeals	01/28/98
Ellen Marcus vs. Louis Marcus 02A01-9611-CV-00286 Trial Court Judge: Robert L. Childers	Shelby	Court of Appeals	01/28/98
01C01-9608-CR-00369 01C01-9608-CR-00369	Davidson	Court of Criminal Appeals	01/28/98