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Beaty vs. Beaty, Sr. 01A01-9704-CH-00173 Trial Court Judge: Henry Denmark Bell	Williamson	Court of Appeals	09/17/97
Goodwin vs. Hendersonville Police Dept., et. al. 01A01-9509-CH-00423 Trial Court Judge: Tom E. Gray	Sumner	Court of Appeals	09/17/97
Jacobsen vs. Flathe 01A01-9511-CH-00510 Trial Court Judge: Henry Denmark Bell	Williamson	Court of Appeals	09/17/97
State., ex. rel. Sherry Mcallister vs. Goode 01A01-9510-CV-00452 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	09/17/97
State vs. Lucky Humphreys 02C01-9701-CC-00010	Lauderdale	Court of Criminal Appeals	09/17/97
State vs. Robert Parker 02C01-9605-CR-00143 Trial Court Judge: Joseph B. Dailey	Shelby	Court of Criminal Appeals	09/17/97
State vs. Bobby Watkins 02C01-9612-CC-00440	Henderson	Court of Criminal Appeals	09/17/97
State vs. Carl Cole 02C01-9612-CC-00480 Trial Court Judge: Whit A. Lafon	Madison	Court of Criminal Appeals	09/17/97
State vs. Oscar Ellis 02C01-9602-CR-00046 Trial Court Judge: L. Terry Lafferty		Court of Criminal Appeals	09/17/97
State vs. Randy Watson 02C01-9610-CR-00377 Trial Court Judge: Bernie Weinman	Shelby	Court of Criminal Appeals	09/17/97
State vs. Michael Gregg/Laird Payne 02C01-9611-CR-00394 Trial Court Judge: Bernie Weinman	Shelby	Court of Criminal Appeals	09/16/97
State vs. Russell 03C01-9608-CR-00319 Trial Court Judge: Mayo L. Mashburn	Polk	Court of Criminal Appeals	09/16/97
State vs. Cedric Davis 02C01-9610-CR-00352	Shelby	Court of Criminal Appeals	09/16/97
State vs. Bobby Anderson 02C01-9707-CC-00232	Lauderdale	Court of Criminal Appeals	09/16/97
State vs. Hastie Love 02C01-9706-CC-00214	Lauderdale	Court of Criminal Appeals	09/16/97
Shepherd vs. Perkins 03A01-9701-CH-00015		Court of Appeals	09/16/97
Richard Deberry vs. Lexington Electric System, et al 02A01-9610-CV-00257 Trial Court Judge: Charles O. Mcpherson	Henderson	Court of Appeals	09/15/97
State vs. Isaac Herron 02C01-9509-CR-00253 Trial Court Judge: W. Fred Axley	Shelby	Court of Criminal Appeals	09/15/97
State vs. Cecil Grose 02C01-9609-CR-00310 Trial Court Judge: Carolyn Wade Blackett	Shelby	Court of Criminal Appeals	09/15/97
State vs. Runako Blair 02C01-9608-CR-00277		Court of Criminal Appeals	09/15/97
State vs. Ronald Mitchell 02C01-9702-CC-00070	Lauderdale	Court of Criminal Appeals	09/15/97
Robinson vs. Omer, Sr. 01S01-9611-CV-00228		Supreme Court	09/15/97
W.J. Gray vs. State of TN 02A01-9703-BC-00055		Court of Appeals	09/15/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX Trial Court Judge: Jon Kerry Blackwood	Hardeman	Court of Criminal Appeals	09/12/97
Brenda Gail Howell v. Murray Ohio Manufacturing Co. 01S01-9609-CH-00176 Authoring Judge: Robert A. Lanier, Special Judge Trial Court Judge: Hon. James L. Weatherford, 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.	Lawrence	Workers Compensation Panel	09/12/97