Terry E. McLeese, Jr., v. Tammy Lynn McLeese - Concurring
02A01-9605-CH-00130
Authoring Judge: Judge William H. Inman
Trial Court Judge: Chancellor Walton West

Custody of the five-year-old son of these parties was awarded to the appellee-mother in a post-divorce hearing. The parties initially agreed upon joint custody.  The father appeals, complaining essentially that the Chancellor relied too heavily on the tender years doctrine. We cannot substitute our judgment for that of the Chancellor, but are bound by the limitations imposed by TENN. R. APP. P., RULE 13(d). Unless the  evidence preponderates against the judgment, we must affirm.

State vs. Brown
03C01-9505-CR-00139
Trial Court Judge: Ray L. Jenkins

State vs. Day
03C01-9602-CC-00076

03C01-9605-CR-00197
03C01-9605-CR-00197
Trial Court Judge: James B. Scott, Jr.

State vs. Strickland
03C01-9611-CC-00427

Corso vs. Jones
03C01-9703-CR-00099
Trial Court Judge: E. Eugene Eblen

State vs. Housewright
03C01-9705-CR-00195

State vs. Brown
03C01-9608-CR-00313
Trial Court Judge: Stephen M. Bevil

Bailey vs. State
03C01-9701-CR-00026
Trial Court Judge: Frank L. Slaughter

Smith v. Zurich
03S01-9701-CV-00004
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Ben K. Wexler,
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 alleged he had sustained permanent impairment as a result of an accident on November 8, 1994, while employed by the defendant. The trial judge dismissed the petition. We affirm the judgment. There is no dispute concerning the occurrence of an on-the-job accident which was a fall by the plaintiff. The only medical evidence in the case was the deposition of Dr. John H. Bell, an orthopedic surgeon. Dr. Bell found the plaintiff had suffered contusions and a sprain of his lower spine as a result of the fall. This was superimposed upon a pre- existing lumbosacral disc disease. Dr. Bell testified there was no anatomic evidence the disc disease was aggravated by the injury, and that the fall caused the pre-existing condition to become painful. Further, the plaintiff had told Dr. Bell he had a previous back pain episode, as well as intermittent back pain prior to the fall. Dr. Bell testified the plaintiff complained of pain but there was no anatomical change associated with the pain. Dr. Bell was of the opinion the back strain had healed. He further testified it is not uncommon for a person with an arthritic or a degenerative condition to be free of symptoms but that these conditions may become symptomatic as a result of an injury. Dr. Bell found the plaintiff had a 5 percent permanent medical impairment because of the condition of his back. Dr. Bell fixed restrictions upon the plaintiff. Dr. Bell testified, however, that he placed these restrictions upon the plaintiff because of the plaintiff's complaint of pain, which Dr. Bell associated with the pre- existing condition rather than the fall. The plaintiff presented lay testimony to support his contention that he was disabled. However, in all but the most obvious cases, there must be medical evidence to show an impairment exists, and its connection to the work injury. 2

State vs. Carl Saine
02C01-9710-CC-00399

Henley vs. State
01S01-9703-CC-00056
Trial Court Judge: J. O. Bond

Henley vs. State
01S01-9703-CC-00056

Carter vs. State
03S01-9612-CR-00119

State vs. Hall
03S01-9701-CR-00010

State vs. James Dantes
02C01-9705-CC-00184
Trial Court Judge: Jon Kerry Blackwood

State vs. James Bingham, Jessie Baker, and Donald Patterson
01C01-9604-CC-00159
Trial Court Judge: Gerald L. Ewell, Sr.

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

State vs. Hall
03S01-9701-CR-00010

State vs. Dixon
03S01-9704-CR-00043

State vs. Dixon
03S01-9704-CR-00043

State vs. Scotty Wright
01C01-9609-CR-00414
Trial Court Judge: Leon C. Burns, Jr.

01C01-9610-CC-00429
01C01-9610-CC-00429

01C01-9612-CR-00528
01C01-9612-CR-00528

Maynord vs. Norris
01A01-9704-CV-00179
Trial Court Judge: John J. Maddux