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| State vs. Y'vette vs. Vaden
01C01-9708-CC-00366
|
Rutherford County | Court of Criminal Appeals | 07/20/98 | |
| Danny E. Ray v. The Yasuda Fire & Marine Insurance Company
01S01-9710-CH-00223
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. I The plaintiff seeks an enlargement of a prior award for workers' compensation benefits, as allegedly provided by T.C.A. _ 5-6-241(a)(2). The defendant's motion for summary judgment was granted. Appeal from a summary judgment order in a workers' compensation case is not controlled by the de novo standard of review, but is governed by Rule 56, Tennessee Rules of Civil Procedure. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). Further, no presumption of correctness attaches to decisions granting summary judgment because they involve only questions of law; thus on appeal the reviewing court must make a fresh determination concerning whether the requirements of Rule 56 have been met. Gonzales v. Alman Constr. Co., 857 S.W.2d 42 (Tenn. 1993). II The petitioner suffered a sprained shoulder on November 11, 1994, during the course of his employment by Kantus Corporation. He sustained a seven percent permanent partial impairment as a result of the accident and returned to work after recuperation. His claim for benefits for partial permanent whole body disability was settled on the basis of 17.5 percent, or seventy weeks, arrived at by multiplying his anatomical impairment by 2.5, as directed by T.C.A. _ 5-6-241(a)(1). The settlement was approved on June 3, 1995, upon the joint petition of Kantus Corporation and its insurer, The Yasuda Fire 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell |
Marshall County | Workers Compensation Panel | 07/20/98 | |
| Twanda Ward vs. State
01C01-9707-CC-00242
|
Montgomery County | Court of Criminal Appeals | 07/17/98 | |
| Postelle vs. Snead, d/b/a: Emergency Chiro.
01A01-9708-CV-00446
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 07/17/98 | |
| 01A01-9708-CH-00417
01A01-9708-CH-00417
Originating Judge:Henry F. Todd |
Court of Appeals | 07/17/98 | ||
| State vs. John Gilbreath
01C01-9801-CR-00034
|
Davidson County | Court of Criminal Appeals | 07/17/98 | |
| State vs. Ralph Cooper
02C01-9709-CR-00339
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 07/17/98 | |
| Knight vs. Lancaster
01A01-9711-CH-00643
Originating Judge:L. F. Stewart |
Marion County | Court of Appeals | 07/17/98 | |
| Lessley vs. Shope, Jr.
01A01-9710-CV-00617
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 07/17/98 | |
| Liberty Mutual Ins. v. Larry Brinton, Jr.
03S01-9706-CH-00072
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. This appeal presents a novel issue arising from the provisions of T.C.A. _ 5- 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. The complaint alleged plaintiff was the workers' compensation insurance carrier for Macawber Engineering, Inc. and one of their employees, Lonnie D. Roberts, contended he sustained a work-related injury (heart attack) on July 19, 1993, as a result of stress due to overtime work and excessive heat at his workplace; that upon reviewing the claim plaintiff denied the heart attack was work- related and declined to pay benefits and medical expenses; that the claim was reviewed by a workers' compensation specialist who ordered plaintiff to pay temporary total disability benefits of $6,526.52 for a period beginning July 2, 1993 to January 17, 1994, and plaintiff complied with this order; that sometime after February 14, 1994, the Department of Labor determined the claim was not compensable as the heart attack was not work-related; that plaintiff made a demand upon the state Second Injury Fund for a refund which was declined. The complaint alleges that a copy of the state department's order to pay, drafts issued by plaintiff in satisfaction of the order and a copy of the department's order denying plaintiff's claim were attached to the complaint as exhibits but the certified record does not contain any of these documents. Defendant answered the complaint by alleging it was without sufficient information or knowledge to form a belief as to the allegations and strict proof of same was demanded. For further answer it was alleged that T.C.A. _ 5-6-238 allowed a workers' compensation insurance carrier to receive a refund under circumstances as alleged in the complaint when the Defendant was furnished a copy of a court order finding the claim was not compensable and since no such order had been submitted to it, the claim for a refund was premature. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Sharon Bell, |
Knox County | Workers Compensation Panel | 07/16/98 | |
| Ernestine Cole vs. State of TN
02A01-9801-BC-00004
|
Court of Appeals | 07/16/98 | ||
| State vs. Leming
03C01-9709-CC-00426
|
Sevier County | Court of Criminal Appeals | 07/16/98 | |
| Sarah Wilkerson vs. Robert Wilkerson
02A01-9709-CV-00231
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/16/98 | |
| Susan Todd/State vs. Weakley Co.
02A01-9708-CV-00197
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 07/16/98 | |
| State vs. Clark
03C01-9706-CR-00227
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 07/16/98 | |
| State vs. Chris W. Frame
01C01-9708-CC-00332
Originating Judge:Thomas W. Graham |
Franklin County | Court of Criminal Appeals | 07/16/98 | |
| State vs. McCarter
03C01-9707-CC-00238
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 07/16/98 | |
| 01A01-9806-CH-00304
01A01-9806-CH-00304
|
Court of Appeals | 07/16/98 | ||
| Nashville Electric Service vs. Stone
01A01-9708-CV-00383
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/15/98 | |
| Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Originating Judge:John W. Rollins |
Franklin County | Court of Appeals | 07/15/98 | |
| Allen vs. Wiseman
01A01-9710-CV-00565
Originating Judge:Bobby H. Capers |
Rutherford County | Court of Appeals | 07/15/98 | |
| 03C01-9704-CC-00146
03C01-9704-CC-00146
Originating Judge:Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 07/15/98 | |
| State vs. Welcome
03C01-9709-CR-00387
|
Knox County | Court of Criminal Appeals | 07/15/98 | |
| State vs. Andre Parks
01C01-9709-CC-00389
|
Lincoln County | Court of Criminal Appeals | 07/15/98 | |
| State vs. Derrick Burkeen
01C01-9708-CC-00358
Originating Judge:J. Curwood Witt |
Maury County | Court of Criminal Appeals | 07/15/98 |