State vs. Smith
03C01-9706-CR-00201
Trial Court Judge: Gary D. Gerbitz

Hamilton Court of Criminal Appeals

H.W. Jenkins Co. vs. G.T. Designs
02A01-9707-CH-00170
Trial Court Judge: C. Neal Small

Shelby Court of Appeals

Charles Dorse vs. Martin Kriger
02A01-9712-CH-00315

Shelby Court of Appeals

State vs. Latavis Bailey
02C01-9703-CC-00115
Trial Court Judge: Dick Jerman, Jr.

Gibson Court of Criminal Appeals

Estate of Bessie Holmes, Deceased
02A01-9707-PB-00158
Trial Court Judge: Leonard D. Pierotti

Shelby Court of Appeals

In the Matter of: Jamie, Janet & Jhanaid Murphy
02A01-9610-CV-00259
Trial Court Judge: Jon Kerry Blackwood

Hardeman Court of Appeals

State vs. Anthony Cicchetto
02C01-9706-CR-00210
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

State vs. Angie Harris
02C01-9707-CR-00247
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

State vs. Joseph Manuel
02C01-9705-CC-00175
Trial Court Judge: Julian P. Guinn

Benton Court of Criminal Appeals

State vs. Reginald Mabone
02C01-9705-CR-00181
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

State vs. Thomas Stiger
02C01-9702-CR-00053
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals

State vs. Larry Morris
02C01-9701-CR-00008
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. Ctjuan James
02C01-9701-CR-00033
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

Shankel vs. Morris
03A01-9710-CV-00478

Court of Appeals

Buford vs. Buford
03A01-9710-CV-00445

Court of Appeals

Rice vs. Rice
03A01-9709-CV-00415

McMinn Court of Appeals

Martin vs. Martin
03A01-9708-GS-00323

Court of Appeals

Swiggett vs. Ogle
03A01-9709-CH-00430

Court of Appeals

Burton vs. State
03C01-9704-CR-00122

Johnson Court of Criminal Appeals

State vs. Smith
03C01-9704-CR-00130

Hawkins Court of Criminal Appeals

Nelson vs. State
03C01-9704-CR-00142

Johnson Court of Criminal Appeals

State vs. Felts
03C01-9708-CR-00333
Trial Court Judge: E. Eugene Eblen

Morgan Court of Criminal Appeals

State vs. Tyree
03C01-9607-CC-00279

Anderson Court of Criminal Appeals

State vs. Cooley
03C01-9701-CR-00009
Trial Court Judge: James C. Witt

Bradley Court of Criminal Appeals

Brandon Brantley v. Personnel Placements
02S01-9703-CH-00013
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Joe C. Morris,
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 plaintiff contends that he got a piece of metal in his eye on Friday, August 25, 1995 at approximately 11: P.M., while working for the defendant, and that he has suffered a compensable injury to his eye. The trial court found the plaintiff had failed to prove the injury was work related. We affirm the judgment of the trial court. The plaintiff testified a piece of metal got in his eye while he was working. He testified he received the injury at 11: P.M., and he searched for his supervisor to report the injury but was unable to find him. He testified he left work as a result of the pain. The plaintiff testified he drove from work to a friend's house and took Tylenol for the pain. The friend did not testify in the case. The plaintiff's time card showed he had checked out at 8:5 P.M. He claimed he was present at work after 8:5 P.M., but he had no explanation for why his card did not show he had checked back into work. The significant medical evidence in this case was given by Dr. James A. Price, an ophthalmologist. Dr. Price saw the plaintiff on August 29, 1995 and found him to have a pseudomonas corneal ulcer -- the pseudomonas being the bacteria which causes the damage. When asked if a piece of metal that had gotten into the eye would have caused the ulcer, Dr. Price was of the opinion that this would be consistent with the condition he found. The plaintiff had not told Dr. Price he had gotten a piece of metal in his eye. Dr. Price testified the plaintiff had lost 9 percent of the vision in his left eye. The trial judge dismissed the case because he found "the plaintiff had failed to carry his burden of proof of causation." From a reading of the record it seems clear the trial judge found the plaintiff failed to show he sustained an injury by accident as he alleged, because he did not credit the plaintiff's testimony. 2

Henderson Workers Compensation Panel