Opinions

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

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

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01A01-9408-CV-00398
01A01-9408-CV-00398
Trial Court Judge: Allen W. Wallace

03C01-9508-CC-00214
03C01-9508-CC-00214
Trial Court Judge: D. Kelly Thomas, Jr.

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

03C01-9508-CR-00224
03C01-9508-CR-00224
Trial Court Judge: Russell C. Hinson

03C01-9506-CC-00179
03C01-9506-CC-00179

03C01-9510-CC-00322
03C01-9510-CC-00322
Trial Court Judge: James Edward Beckner

Cecelia Teague v. Tecumseh Products Company
02S01-9509-CV-00081
Authoring Judge: Joe H. Walker, III, Judge
Trial Court Judge: Hon. Julian P. Guinn,
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. Employer appeals from an award by the trial court of thirty percent (3%) permanent partial disability to both upper extremities of employee. Findings of Fact Appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e)(2). There were no written findings of fact by the trial court. The statement of evidence contained no findings stated by the trial court at trial, and the transcript contains no written findings of fact, other than a finding of permanent partial disability of thirty percent to both upper extremities. This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

Cecelia Teague v. Tecumseh Products Company
02S01-9509-CV-00081
Authoring Judge: Joe H. Walker, III, Judge
Trial Court Judge: Hon. Julian P. Guinn,
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. Employer appeals from an award by the trial court of thirty percent (3%) permanent partial disability to both upper extremities of employee. Findings of Fact Appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e)(2). There were no written findings of fact by the trial court. The statement of evidence contained no findings stated by the trial court at trial, and the transcript contains no written findings of fact, other than a finding of permanent partial disability of thirty percent to both upper extremities. This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.

01S01-9501-FD-00011
01S01-9501-FD-00011

01S01-9510-CV-00188
01S01-9510-CV-00188
Trial Court Judge: Thomas Goodall

03S01-9507-CR-00075
03S01-9507-CR-00075

02S01-9511-CV-00114
02S01-9511-CV-00114
Trial Court Judge: James E. Swearengen

01A01-9512-CV-00564
01A01-9512-CV-00564
Trial Court Judge: Muriel Robinson

The Honorable Hamilton v. Gayden, Jr., Judge
01A01-9509-CV-00393
Trial Court Judge: Hamilton V. Gayden, Jr.

01A01-9511-CV-00537
01A01-9511-CV-00537
Trial Court Judge: Allen W. Wallace

01A01-9601-CV-00048
01A01-9601-CV-00048
Trial Court Judge: Muriel Robinson

02A01-9504-CH-00088
02A01-9504-CH-00088
Trial Court Judge: Paul E. Morris

03C01-9311-CR-00370
03C01-9311-CR-00370

03C01-9505-CR-00150
03C01-9505-CR-00150
Trial Court Judge: James E. Beckner

03C01-9509-CC-00270
03C01-9509-CC-00270
Trial Court Judge: R. Steven Bebb

Lamonte Pearson v. Day International, Inc, d/b/a Colonial Rubber Works, Inc. and Reliance Insurance Company
02S01-9503-CV-00023
Authoring Judge: Janice M. Holder, Special Judge
Trial Court Judge: Hon. J. Steven Stafford, Judge
This workers' compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The sole issue for review is the trial court's determination that an amended complaint filed against the Second Injury Fund was barred by the statute of limitations. For the following reasons, we affirm the decision of the trial court. On January 26, 1989, Lamonte Pearson ("Mr. Pearson") injured his back in an automobile accident that was not work related. Mr. Pearson's lawsuit was apparently unsuccessful at trial and no damages were awarded. On March 4, 1991, he again injured his back in the course of his employment with Day International, d/b/a Colonial Rubber Works, Inc. and was treated by the same physician. A complaint for worker's compensation benefits was timely filed on April 15, 1991. The complaint alleged that Mr. Pearson "suffered, and will continue to suffer, temporary total, temporary partial and possibly permanent total disability as a result of this work related injury." His prayer for relief requested an award of "such further temporary total, temporary partial, permanent partial, or permanent total disability and medical expenses to which this Court finds him entitled . . ." A motion to amend the complaint was filed on April 24, 1992, and leave to amend was granted on the same date. An amended complaint adding the Second Injury Fund was filed on May 29, 1992, more than one (1) year after the work related injury. The amended complaint further alleges that Mr. Pearson had previously sustained a permanent physical disability capable of supporting a workers' compensation award if it had arisen out of and in the course of employment and that he had become permanently and totally disabled through the subsequent work related injury. The Second Injury Fund asserted the bar of the statute of limitations. During his deposition in this case, Mr. Pearson's treating physician found him to have a permanent partial disability of 9% to the body as a whole as a result of the non-work related incident and 6% to the body as a whole as a result of the work related incident, or a 12% combined impairment rating under the AMA Guidelines. The trial court found Mr. Pearson to be 1% disabled and apportioned 45% of the award to Colonial and 55% to the Second Injury Fund; the court ruled that recovery against the Second 2