Jesse L. Dabbs vs. State
03C01-9806-CR-00199
Trial Court Judge: E. Eugene Eblen

Ronnie Bradfield, v. Steve Dotson, et al.
02A01-9902-CV-00060
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge R. Lee Moore, Jr.

This is the third occasion which this Court has had to address the merits of this case. By prior opinions and judgments entered on September 6, 1996, and February 17, 1998, respectively, the Court addressed previous issues on appeal. In the interests of judicial efficiency, the Court adopts and incorporates herein the following recitation of facts contained in our opinion entered in this cause on February 17, 1998: In this case, an inmate at a state correctional institution filed
a defamation [lawsuit] in circuit court against two state employees. The trial court granted summary judgment in favor of the defendants, holding that the Tennessee Claims Commission had exclusive jurisdiction over the matter. The trial court also denied the plaintiff's requests for default judgment. . . .

Memphis Pub. vs. Cable Conn.
02A01-9803-CV-00082
Trial Court Judge: Kay S. Robilio

State vs. Kong Bounnam
02C01-9803-CR-00095
Trial Court Judge: L. Terry Lafferty

State vs. Bradley Green
02C01-9809-CR-00300
Trial Court Judge: Carolyn Wade Blackett

W1999-01092-SC-WCM-CV
W1999-01092-SC-WCM-CV
Trial Court Judge: F. Lloyd Tatum

Cleek vs. Wal-Mart Stores, Inc.
W1999-02419-SC-R3-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: Joe C. Morris

Willie E. Payne vs. State
03C01-9809-CR-00336
Trial Court Judge: Douglas A. Meyer

Joseph D. Mcewen v. Herman Jenkins Motors, Inc
02S01-9804-CH-00041
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. William Michael Maloan,

Clara Scruggs v. Wal-Mart Stores, Inc.
W1999-01092-SC-WCM-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Hon. Joe C. Morris
This workers' compensation appeal has been referred to the Special W orker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court, in its findings of fact and conclusions of law, determined that the plaintiff had a gradually occurring injury, and the statute of limitations was not tolled when she gave sufficient notice on September 29, 1997, the date of her lawsuit. Likewise, the trial court found the plaintiff suffered a thirteen (13) percent permanent partial disability to each upper extremity.1 We will determine if the record supports the trial court's conclusions. The defendant presents three appellate issues for review: 1. Whether the trial court erred in holding that the plaintiff's claim was not barred by expiration of the statute of limitations? 2. Whether the trial court erred in holding that the plaintiff incurred a permanent impairment? 3. Whether the trial court's disability award was excessive? Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given to the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521d (Tenn. 1991). After a review of the record in this cause, the briefs of the parties and appropriate law, we AFFIRM the trial court's judgment. 1The correct method of assigning disability in a case like this is give one rating to both arms, rather than to each arm. However, in this case, the result is the same as that reached by the trial court. 2

State vs. Clifford Jackson
02C01-9802-CR-00041
Trial Court Judge: Joseph B. Dailey

Darrell Lamar Fritts vs. State
03C01-9803-CR-00116
Trial Court Judge: Douglas A. Meyer

State vs. Donald Schweitzer
03C01-9808-CR-00299

State vs. Jerry Pendergrass, et al
03C01-9810-CR-00371
Trial Court Judge: Douglas A. Meyer

State vs. Arnold Potter
03C01-9810-CC-00347

Billy Joe Sisk vs. State
03C01-9807-CC-00256
Trial Court Judge: Ben W. Hooper, II

David McNish vs. State
03C01-9712-CR-00550

State vs. Timothy Wayne Tipton
03C01-9805-CR-00189
Trial Court Judge: Richard R. Baumgartner

Jennings vs. Case
01A01-9804-CV-00192
Trial Court Judge: Tom E. Gray

Denson vs. Benjamin
01A01-9810-CV-00571
Trial Court Judge: Walter C. Kurtz

Jennings vs. Case
01A01-9804-CV-00192

Preston vs. Preston
01A01-9806-CH-00289
Trial Court Judge: Tom E. Gray

Hauskins vs. Tri-County Electric Membership
01A01-9806-CV-00284
Trial Court Judge: Thomas Goodall

Starks vs. Durham
01A01-9808-CV-00453

McGee vs. Maynard
01A01-9810-CV-00539
Trial Court Judge: Thomas W. Brothers