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| E1999-02128-COA-R3-CV
E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Washington County | Court of Appeals | 02/28/00 | |
| E1999-01033-COA-R3-CV
E1999-01033-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/28/00 | ||
| ) Hon. F Rank v. Will Iams, Iii
E1999-1570-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Blount County | Court of Appeals | 02/28/00 | |
| E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| David Coleman v. Lumberman's Mutual Casualty Co.
W1998-00948-SC-WCM-CV
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). This Court now determines where the preponderance of the evidence lies.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Neal Small, Chancellor |
Shelby County | Workers Compensation Panel | 02/28/00 | |
| Jacqueline Lindbloom v. Metro 8 Sheet Metal, Inc.
03S01-9810-CH-00115
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant raises two issues for consideration by the Court: 1) whether the Trial Court's award of permanent partial disability payments of forty percent to the leg is supported by the facts and the evidence, and 2) whether an award for temporary partial disability benefits is justified by the evidence. After consideration of all of the evidence and the applicable law, we find that the judgment of the Trial Court should be modified with respect to both issues, and otherwise affirmed and remanded.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Hon. W. Frank Brown, III |
Knox County | Workers Compensation Panel | 02/28/00 | |
| E1999-01501-COA-R3
E1999-01501-COA-R3
|
Court of Appeals | 02/28/00 | ||
| 03C01-9905-CR-00184
03C01-9905-CR-00184
|
Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| M1998-00020-CCA-R3-CD
M1998-00020-CCA-R3-CD
Authoring Judge: Judge John H. Peay
|
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
E1999-01528-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
|
Hamilton County | Court of Appeals | 02/25/00 | |
| Thomas Freeman vs. State
M1999-00177-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
|
Marshall County | Court of Criminal Appeals | 02/25/00 | |
| M1999-00019-R3-CD
M1999-00019-R3-CD
|
Court of Criminal Appeals | 02/25/00 | ||
| 03C01-9905-CR-00199
03C01-9905-CR-00199
|
Hamilton County | Court of Criminal Appeals | 02/25/00 | |
| Dorothy Tharp vs. Lenita Kay Tharp
E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
|
Court of Appeals | 02/25/00 | ||
| Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams
W1999-00229-COA-R3-CV
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:W. Michael Maloan |
Weakley County | Court of Appeals | 02/25/00 | |
| State vs. Deborah Leigh Goins
M1998-00758-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| State of Tennessee, ex rel., Mickey Phillips, vs. Gwen Knox
E1999-00205-COA-R3-CV
Ralph E. Williams vs. Dept of Employment Security , Comm. Margaret Culpepper, and Chattanooga Area Regional Transportation Authority
Authoring Judge: Judge Charles D. Susano, Jr.
|
Anderson County | Court of Appeals | 02/25/00 | |
| 01C01-9901-CR-00021
01C01-9901-CR-00021
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/25/00 | |
| State vs. Joseph John Henry Morrell
E1999-00924-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
|
Sullivan County | Court of Criminal Appeals | 02/25/00 | |
| 01C01-9512-CC-00431
01C01-9512-CC-00431
|
Court of Criminal Appeals | 02/25/00 | ||
| 03C01-9809-CR-00344
03C01-9809-CR-00344
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 02/24/00 | |
| Albert J. Shell v. Abb Combustion Engineering, Inc.
03S01-9902-CH-00018
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 employee, Albert J. Shell, has appealed from the action of the trial court in dismissing his claim for benefits. The court concluded his condition and/or injury was not work-related. On appeal two questions are presented for review. First, it is contended the evidence preponderates against the trial court's finding on the causation issue and second, it is insisted the court was in error at the close of all proof to require counsel to submit a hypothetical question to one of the expert medical witnesses. We have carefully reviewed the record with these issues in mind and are of the opinion the judgment of dismissal should be affirmed. Plaintiff was 54 years of age and is a high school graduate. He has been employed by defendant, ABB Combustion Engineering, Inc ., for a long period of time. In 199 he was involved in a work-related accident which was diagnosed as a disc injury causing back and leg pain. He did not undergo surgery and conservative treatment seemed to heal the injury as he returned to work after a short period of time. He continued to work without any significant problems until March 1995. On March 21, 1995, he testified he was using a hammer to attempt to disconnect metal that had been previously welded when the blow of the hammer caused a piece of the metal to break free and strike the top of his foot; that he immediately had pain in his foot and felt he had bruised it; several days later he began having pain in his leg calf and foot and some numbness; he saw his wife's family doctor whose medical records were filed in evidence and indicated the examination revealed "Left foot numbness and weakness since Thurs. No cause. . . . . . ." On March 29, 1995 he saw Dr. George Z. Seiters, an orthopedic surgeon, who testified by deposition and stated his examination revealed a foot drop condition; that the patient had indicated he had awakened with the symptoms and that he could not recall any precipitating event other than the hammer incident. Dr. Seiters referred the patient to a neurosurgeon for further evaluation. Dr. Seiters testified he was of the opinion there was no casual connection between the hammer incident and the foot drop condition and later diagnosed disc condition. He felt the disc condition which the neurosurgeon found was probably related to the 199 work-related accident. He also stated plaintiff never described any twisting movement during the hammer incident nor did he ever complain of having back pain. The neurosurgeon, Dr. Thomas D. Fulbright, first saw plaintiff on May 1, 1995 and he performed disc surgery on May 1th. He testified by deposition and was also of the opinion the hammer incident did not cause the foot drop condition or the disc condition. He said a bulging disc caused compression of the nerve root which caused the foot drop. In describing the hammer incident at work on March 21st to the company nurse, an insurance adjuster, his wife's family doctor, Dr. Seiters and Dr. Fulbright, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 02/24/00 | |
| Paul Mayes vs. State
E1999-01374-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 02/24/00 |