State vs. Charles Clay Young
01C01-9605-CC-00195
Trial Court Judge: Leon C. Burns, Jr.

State vs. Robert Apollo Cantrell & Lorene E. Weakley
01C01-9605-CC-00216

Kim Lamar Witt vs. State
01C01-9606-CR-00274
Trial Court Judge: J. Randall Wyatt, Jr.

Amos Curtis Copeny vs. State
01C01-9606-CR-00240

Debbie Lee Givens vs. State
01C01-9608-CR-00372

01CO1-9605-CR-00201
01CO1-9605-CR-00201
Trial Court Judge: J. O. Bond

State vs. Martin Terrell
02C01-9701-CC-00001

State vs. Johnny Goode
02C01-9611-CR-00428

State vs. Montro Taylor
02C01-9703-CR-00114

State vs. Shannon Potter
02C01-9702-CR-00073
Trial Court Judge: Arthur T. Bennett

State vs. David Davenport
02C01-9612-CC-00444
Trial Court Judge: Whit A. Lafon

Jerry D. Carney v. David Mills, Warden
W2004-01563-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Joseph H. Walker, III

Evans v. State
03C01-9601-CR-00018
Trial Court Judge: William M. Dender

Maytag v. Elliott
03S01-9611-CV-00112
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earle G. Murphy,.
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 employer, Maytag Cooking Products, has appealed from the action of the trial court in awarding the employee permanent partial disability benefits of 4% to her left arm. The only issue on appeal is whether the expert medical testimony is sufficient to support the award of permanent disability. Carolyn D. Elliott was 5 years of age at the time of the trial and was a high school graduate. She had been employed by Maytag Cooking Products and a prior company for about 25 years. For some period of time, she was on a production line using an air gun to put screws through switches on a panel. Although she had some problems several years earlier, her left elbow began hurting so much she had to seek medical treatment during June 1993. This gradual injury resulted in her seeing several doctors and eventually in her seeing Dr. Richard B. Donaldson, the only expert medical witness to testify. At the trial below, which was about three years later, she told the court she still had pain in her arm; swelling of the arm frequently occurred and she did not feel her condition had improved very much. She had returned to work and was earning an amount equal to or greater than her previous wage. Her employer had reassigned her to lighter duty work but she did not feel she was performing her work satisfactorily. She testified she still could not iron, mow the yard, use a hair dryer or lift anything with her left arm. She is left-handed. She expressed the opinion that she had about an 8% loss of use of her left arm. Dr. Richardson, an orthopedic surgeon, testified by deposition. He said he saw her in connection with her obtaining a second opinion as to her medical condition. He testified she had a lateral and medial epicondylitis of the left elbow and this was a condition commonly known as tendinitis or tennis elbow. He recommended surgery which he felt would improve her condition but this had not 2

Hayes v. School
03S01-9609-CV-00093
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. William L. Jenkins,
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 employer, School Calendar Company, has perfected this appeal from a decision of the trial court to award the employee, Alma Joyce Hayes, 2% permanent partial disability benefits to each arm. The employer insists the employee's injury was not work-related and that the claim was not filed within the one year statute of limitations period. The employee contends the award is not adequate and should be increased. Alma Joyce Hayes began working for School Calendar Company in 1988 and was employed as a proofreader. She testified her duties required her to use her hands and wrists repetitively. She first began experiencing problems with her hands and arms during July, 1994, thinking her condition was due to arthritis. She continued working until about February 17, 1995, when she was laid-off due to a reduction in the company's workload. While on lay-off status, she decided to see a doctor about her condition. On about June 28, 1995, Dr. Hovis examined her and told her she had bilateral carpal tunnel syndrome and that he was of the opinion her condition was work-related. She immediately notified her employer and a company representative told her the company did not feel responsible for her condition since she no longer worked for them. This suit for workers' compensation benefits was filed on August 3, 1995. Dr. Hovis performed surgery on the right hand on August 4, 1995, and surgery on the left hand on August 11, 1995. The circuit judge was faced with conflicting evidence on the causation question. The only expert medical testimony was presented by deposition from two orthopedic surgeons, Dr. William M. Hovis and Dr. M.J. Gutch. Dr. Hovis originally was of the opinion her condition was the result of her work duties based upon the history given. He later changed his opinion when he was shown a videotape depicting the nature and type of work she usually performed. 2

01A01-9702-
01A01-9702-
Trial Court Judge: Irvin H. Kilcrease, Jr.

Tate vs. TN. Bd. of Paroles & Myers
01A01-9703-CV-00156
Trial Court Judge: Ben H. Cantrell

Young vs. Young
01A01-9610-CH-00473
Trial Court Judge: Don R. Ash

Kireyczyk, et. al. vs. MF Athletic Club
01A01-9612-CV-00549

State vs. Ytockie Fuller
02C01-9607-CC-00215
Trial Court Judge: Whit A. Lafon

William Key vs. Julian Bolton, et al
02A01-9703-CR-00072
Trial Court Judge: Chris B. Craft

02A01-9607-CH-00173
02A01-9607-CH-00173
Trial Court Judge: William Michael Maloan

State v. Carroll
03C01-9607-CC-00254
Trial Court Judge: James E. Beckner

Wilson v. State
03C01-9604-CC-00142
Trial Court Judge: William M. Dender

State v. Haynes
03C01-9608-CC-00321