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| State vs. Charles Taylor
02C01-9704-CR-00153
|
Shelby County | Court of Criminal Appeals | 04/22/98 | |
| State vs. Larry Jones
02C01-9708-CR-00331
|
Shelby County | Court of Criminal Appeals | 04/22/98 | |
| Anthony Johnson v. The Travelers Ins. Co .
01S01-9706-CH-00125
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 issue in this case is whether the plaintiff forfeited the right to have the defendant pay for future medical expenses, if any are required, for a compensable injury for failure to have an annual physical examination as provided for in the settlement of the plaintiff's compensation claim against the defendant. Under the circumstances in this case, we find the plaintiff has not forfeited this right. The relevant part of the settlement order, which was entered on December 7, 1993 in the trial court provided: "The defendant has paid all of the plaintiff's medical bills to date, which total $63,298.23. In addition to the medical benefits heretofore provided to the plaintiff, the defendant shall continue to pay all reasonable and necessary medical and hospital expenses for medical care and treatment, which is directly related to the aforesaid work related accidental injury provided such medical treatment is performed by or prescribed by Dr. Thornton Perkins, an orthopaedic specialist in Chattanooga, Tennessee, or another physician mutually selected by the parties under the procedure set forth in the W orkers' Compensation Act. The duty of the defendant to continue to provide the aforesaid medical benefits to the plaintiff shall be contingent upon the plaintiff being examined at least one (1) time annually by Dr. Thornton Perkins or such other mutually selected physician. The failure of the plaintiff to undergo the annual examination by Dr. Perkins or such other physician as the parties may select under the procedure set forth in the W orkers' Compensation Act shall result in the plaintiff forfeiting his rights to receive such future medical treatment and shall terminate the defendant's obligation to provide the same." On December 9, 1995, the plaintiff filed a "petition to enforce settlement agreement" in which he alleged the defendant had refused to pay for medical treatment as required by the order of December 7, 1993. The trial court held a hearing on the petition on September 1, 1996 at which no testimony was taken. The matter was presented to the court on statement of counsel. The record is necessarily sparse on the proceeding and the relevant matters are contained in the pleadings. From this we find the order of settlement was filed December 7, 1993, that the petition to enforce the settlement agreement was filed on December 9, 1995, and that the trial judge held a hearing on the petition on September 1, 1996 and entered an order thereon on February 4, 1997. Further, we 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Anthony Johnson, |
Johnson County | Workers Compensation Panel | 04/22/98 | |
| Gloria Benson v. Northern Telecom, et al.
01S01-9706-CH-00137
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Irvin Kilcrease |
Davidson County | Workers Compensation Panel | 04/22/98 | |
| Dorothy O'Shea vs. Vet/Betty Conder
02A01-9704-CH-00083
Originating Judge:J. Walton West |
Decatur County | Court of Appeals | 04/21/98 | |
| State vs. George Tucker
02C01-9707-CR-00249
|
Shelby County | Court of Criminal Appeals | 04/21/98 | |
| State vs. James Transou
02C01-9703-CC-00125
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 04/21/98 | |
| State vs. Robert Howell
02C01-9705-CR-00194
|
Shelby County | Court of Criminal Appeals | 04/21/98 | |
| State vs. Larry Cunningham
02C01-9709-CC-00336
|
Madison County | Court of Criminal Appeals | 04/21/98 | |
| State vs. Timmy Fulton
02C01-9706-CC-00223
|
Lauderdale County | Court of Criminal Appeals | 04/21/98 | |
| Howard Woods vs. MTC Mgt. & Solomon Mgt.
02S01-9706-CH-00061
|
Supreme Court | 04/20/98 | ||
| State vs. Max Martin
01C01-9609-CR-00415
|
Putnam County | Court of Criminal Appeals | 04/20/98 | |
| Teresa M. Mccarley Johnson v. Maury Regional Hospital,
M1999-00291-WC-R3-CV
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. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Johnson, filed this civil action on April 2, 1998 to recover benefits for injuries which she alleged resulted from an injury by accident arising out of and in the course of her employment by the employer. By its answer, the employer denied the occurrence of a compensable work related injury. Following a trial, the trial judge found that the claimant suffered a ruptured disc arising out of and in the course of employment and awarded, among other things, permanent partial disability benefits based on fifty-four percent to the bodyas a whole. As discussed below, this tribunal has concluded the judgment should be affirmed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This standard requires the panel to examine in depth a trial court's factual findings and conclusions. We are not bound by the trial court's factual findings, but must instead conduct an independent examination to determine where the preponderance of the evidence lies.
Authoring Judge: Loser, Sp. J.
Originating Judge:Jim T. Hamilton, Judge |
Johnson County | Workers Compensation Panel | 04/20/98 | |
| Gregory Jones vs. State
01C01-9706-CR-00226
|
Davidson County | Court of Criminal Appeals | 04/16/98 | |
| Erwin, et. ux. vs. Lovell, et. al.
01A01-9706-CV-00248
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 04/15/98 | |
| State vs. James Pinkerton
01C01-9706-CC-00220
|
Cannon County | Court of Criminal Appeals | 04/15/98 | |
| Holt vs. Lewis
01A01-9707-PB-00314
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 04/15/98 | |
| Pardue, Jr. vs. Metro Gov't
01A01-9707-CH-00312
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/15/98 | |
| 03C01-9709-CR-00342
03C01-9709-CR-00342
Originating Judge:James E. Beckner |
Court of Criminal Appeals | 04/15/98 | ||
| Moser vs. Dept. of Transp., et. al .
01A01-9707-CH-00317
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/15/98 | |
| State vs. Charles Allen
M2002-03144-CCA-R3-PC
The Defendant, Charles Ray Allen, was convicted by a jury of first degree premeditated murder and attempted voluntary manslaughter. The Defendant subsequently filed for post-conviction relief alleging, among other things, ineffective assistance of counsel at trial. After an evidentiary hearing, the trial court denied relief, and the Defendant now appeals. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 04/15/98 | |
| William Kirk Riley, Pro Se vs. State
M2002-02302-CCA-OT-CO
The Petitioner, William Kirk Riley, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/15/98 | |
| Robert Moore vs.State
01C01-9712-CC-00580
|
Maury County | Court of Criminal Appeals | 04/15/98 | |
| Provencher vs. State
03C01-9704-CR-00147
Originating Judge:William M. Barker |
Washington County | Court of Criminal Appeals | 04/15/98 | |
| Quarles vs. Shoemaker
03A01-9708-CH-00370
|
Hamilton County | Court of Appeals | 04/14/98 |