Opinions

Sharon Abbott v. Quebecor Printing
01S01-9805-CV-00087
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. James E. Walton,
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 employer, Quebecor, insists the trial judge erred in finding that the plaintiff suffered a permanent compensable injury and that the claim is barred by the last injurious injury rule. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Abbott, initiated this action for the recovery of workers' compensation benefits for a gradually occurring injury to her right arm. After a trial on the merits, the trial court awarded, inter alia, permanent partial disability benefits based on twenty-five percent to the right arm. 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). The claimant began working for this employer in March of 1994, feeding loads of paper into feeding pockets to make magazines. She worked four twelve hour shifts and was off for three days, then worked three twelve hour shifts and was off for four days. From the repetitive use of her right hand and arm, she gradually developed disabling pain and was referred by the employer to Dr. Cooper Beazley, who prescribed steroid injections. She was unable to work for about four weeks. Shortly after returning to work, she was involved in an automobile accident. After that accident, she did not return to work for the employer. Dr. Beazley diagnosed lateral epicondylitis or tennis elbow. He was equivocal as to whether the injury was permanent. Dr. Dewey Thomas, who examined and evaluated the claimant, assigned a permanent impairment rating of ten percent to the right arm. His testimony established a causal connection between the injury and the repetitive use of the claimant's right arm at work and was supported by the lay proof offered by the claimant. The only evidence offered at trial by the employer was the testimony of its insurance administrator, who testified that the claimant did not complain after the steroid injections. At the time of the trial, the claimant was working with pain for another employer. She testified that her disability had not increased as a result of her new job. Where a condition develops gradually over a period of time resulting in a definite, work-connected, unexpected, fortuitous injury, it is compensable as an injury by accident. Brown Shoe Co. v. Reed, 29 Tenn. 16, 35 S.W.2d 65 (1961). Trial courts are not required to accept the opinion of a treating physician over any other conflicting expert medical testimony. The trial judge did not abuse his discretion by accepting the testimony of Dr. Thomas concerning causation and permanency. The first issue is resolved in favor of the claimant. The successive or "last injurious" injury rule is that where an employee 2

Wilson vs. Wilson
01S01-9807-CV-00130

State vs. Vaughn Mixon
02S01-9804-CC-00034

State vs. Michael Robinson
01C01-9612-CC-00536

State vs. Victor Kelly
01C01-9709-CC-00429

Trial Court Judge: Henry Denmark Bell

State vs. Ricky D. Keen
01C01-9802-CR-00074

State vs. Steve Paige
W2001-03045-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James C. Beasley, Jr.
In an indictment returned by the Shelby County Grand Jury on August 9, 2001, Defendant, Steve Paige, was charged with two counts of aggravated assault. The indictment alleged that both offenses occurred on January 16, 1999. At a hearing on December 6, 2001, the criminal court, sua sponte, dismissed the indictment because of the State's failure to prosecute. In its order of dismissal, the criminal court found that Defendant was arrested on January 16, 1999, the case was bound over to the grand jury on May 25, 1999, but he was not indicted until twenty-seven months later. The trial court further found that Defendant was arraigned on November 13, 2001, but the State did not have a file on the case and it had to be continued twice for that reason. When the case was called on December 6, 2001, the State could still not produce a file on the case. Accordingly, the trial court dismissed the case with prejudice for the State's failure to prosecute pursuant to Rule 48(b) of the Tennessee Rules of Criminal Procedure. The State appealed. After review, we affirm the trial court's order dismissing the case, but reverse that portion of the order dismissing the case with prejudice, and remand this case for the trial court to enter an amended order dismissing the case without prejudice.

Reba Rector v. Dacco
01S01-9804-CV-00083
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. John Maddux,

State vs. Wembley
03C01-9803-CC-00088

State vs. Holloway
03C01-9712-CC-00533

Trial Court Judge: W. Lee Asbury

Greg Morgan vs. State
03C01-9611-CR-00404

Trial Court Judge: Mayo L. Mashburn

State vs. Strickland
03C01-9801-CC-00556

Gary Harris vs. State
03C01-9803-CR-00085

Trial Court Judge: Lynn W. Brown

Dennis/Cheryl Caire vs. McLemore Food Stores
02A01-9804-CV-00103

Trial Court Judge: Robert A. Lanier

Brooks vs Brooks, Jr.
03A01-9801-CH-00008

Alexander vs Armentrout, Jr.
03A01-9807-CV-00205

Spruce vs Spruce
03A01-9807-CV-00211

Hampton vs. TN Truck Sales
01A01-9712-CH-00721

Trial Court Judge: Irvin H. Kilcrease, Jr.

Clark & Associates Architects, Inc. vs. Lewis
01A01-9802-CH-00088

Trial Court Judge: Carol A. Catalano

Edmondson vs. Solomon
01A01-9802-CV-00097

Trial Court Judge: Walter C. Kurtz

Sara Evelyn Evans (Young) v. Bobby Hugh Young, D.K. Hailey Wrecking Company, Inc. and Levy Industrial Contractors, Inc.
01A01-9711-CV-00638
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Muriel Robinson

Intervenors D. K. Hailey WreckingCompany (Hailey Wrecking) and Levy Industrial Contractors, Inc. (Levy Industrial) appeal an order of the trial court requiring them to pay the attorney fees of Plaintiff Sara Evelyn Evans incurred in a proceeding to enforce a judgment obtained by Ms. Evans against Bobby Hugh Young. For the reasons stated below, we affirm the ruling of the trial court.

State vs. Connie Wilson
02C01-9706-CC-00217

State vs. Aaron Carroll
02C01-9805-CR-00140

Trial Court Judge: Bernie Weinman

State vs. Roy Keough
02C01-9708-CR-00317

State vs. Grace Matthews
02C01-9801-CR-00013