State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall

Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lynn W. Brown

Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lynn W. Brown

State vs. Winfield
E1996-00012-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Douglas A. Meyer

State vs. Fowler
E1997-00037-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Rex Henry Ogle

John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: James E. Beckner

John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: James E. Beckner

Felix Wilkey, et al vs. Rhea County, TN et al
E1999-00307-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Jeffrey F. Stewart

Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Dale Young

State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James B. Scott, Jr.

Jacob E. Warren v. American Holding Company d/b/a
M1999-00012-WC-R3-CV
Authoring Judge: Tom E. Gray, Sp. J.Drowota, J.
Trial Court Judge: John J. Maddux, Jr., Judge
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 a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION 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 a -2-

State vs. Dennis Ray Gilliland
M1997-00072-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Allen W. Wallace

Bean vs. Bean
M1999-01822-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Robert L. Holloway
In the appeal of this divorce case, the Court dismissed the appeal for failure of appellant to substantially comply with T.R.A.P. Rule 27 and Court of Appeals Rules 6 and 15.

Cora B. Cantrell, et al vs. Knox County Board of Education, et al
E1999-01557-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Trial Court Judge: Harold Wimberly

James R. Rosenthal, Sr. v. City of Dyersburg, et al.
W1999-02699-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: R. Lee Moore, Judge
This is an appeal by James R. Rosenthal, Sr., a police officer for the City of Dyersburg, Tennessee, who brought two suits against the City of Dyersburg and the Tennessee Municipal League Risk Management Pool for workers' compensation benefits. One suit was filed July 16, 1996, against the defendants alleging that the plaintiff had sick sinus syndrome that developed as a result of his employment for the City of Dyersburg. Another suit was filed on September 19, 1997, alleging that the plaintiff had vasodepressor syncope that grew out of his employment. In both cases, the plaintiff alleges that Tennessee Code Annotated _ 7-51-201, hereinafter quoted, is applicable. These two cases were consolidated for trial and treated by both parties and the trial judge as one case. The trial court found in favor of the defendants, holding that the plaintiff was permanently and totally disabled but that the evidence did not establish that Tennessee Code Annotated _ 7-51-201 was applicable. The court also found that the plaintiff failed to bear the burden of proof in establishing that he sustained an accidental injury growing out of and in the course of his employment. In his only issue, the plaintiff says that the trial court erred in holding that he is not entitled to the presumption of causation afforded by Tennessee Code Annotated _ 7-51-201. We find that the judgment of the trial court must be affirmed.

Sandra Warren v. American Alliance Insurance
W1999-02695-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Joe C. Morris, Chancellor
This is an appeal by the employer, Premier Manufacturing Corporation, and its insurer, American Alliance Insurance Company, from an award in favor of the plaintiff, Sandra Warren, based upon a finding that the plaintiff had a work-related permanent partial disability of 39 percent to the body as a whole. The trial court found that the plaintiff had pre-existing spondylolisthesis, which was asymptomatic until the work injury of April 23, 1998, and which was exacerbated and advanced to the point of making it symptomatic. The chancellor held that the two and one-half (2.5) times cap established in Tennessee Code Annotated _ 50-6-241(a)(1) applied in this case. In two issues, the defendant argues that: (1) the evidence preponderates against the trial court's finding that the plaintiff's injuries were compensable; and (2) the evidence preponderates against the trial court's holding that the plaintiff had a permanent partial vocational disability of 39 percent to the body as a whole. We find that the judgment of the trial court is affirmed as modified.

Cline vs. Cline
M1999-00811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Donald P. Harris

State vs. Fred Hegwood, Jr.
M1999-00781-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Donald P. Harris

McRedmond vs. Estate of Andrew Marianelli
M1999-00321-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle

Kelley vs. Tomlinson
M1999-01176-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Barbara N. Haynes

Charles Clay Young vs. State
M1999-01365-CCA-R3-PC
Trial Court Judge: Leon C. Burns, Jr.

Allen vs. Lloyd
M1999-01739-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Brothers

State vs. Charles William Young
M1999-01240-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Charles Lee

State vs. Lawrence Ralph, Jr.
M1999-01635-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Charles D. Haston, Sr.

Skinner vs. Bell
M1999-02078-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: James E. Walton