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| Wright, et. al. vs. C & S Family Credit
01A01-9709-CH-00470
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/24/98 | |
| Norris vs. Windrow
01A01-9706-JV-00242
Originating Judge:Larry Brandon |
Rutherford County | Court of Appeals | 04/24/98 | |
| Lazenby vs. Lazenby
01A01-9708-GS-00432
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 04/24/98 | |
| Wright, et. al. vs. C & S Family Credit
01A01-9709-CH-00470
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/24/98 | |
| State vs. Jimmy Eisom
02C01-9703-CC-00105
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 04/24/98 | |
| State vs. Ivory Thomas
02C01-9705-CR-00179
|
Shelby County | Court of Criminal Appeals | 04/24/98 | |
| State vs. James Carr
02C01-9802-CC-00037
|
Lake County | Court of Criminal Appeals | 04/23/98 | |
| Clinton W.Lynch vs. State
01C01-9705-CR-00187
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/23/98 | |
| State vs.Tracie Jenkins and David Ragsdale
01C01-9612-CC-00520
|
Williamson County | Court of Criminal Appeals | 04/23/98 | |
| 01C01-9707-CR-00271
01C01-9707-CR-00271
Originating Judge:Thomas T. Woodall |
Davidson County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Elder
03C01-9702-CR-00053
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Willie Jackson
01C01-9702-CR-00054
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Aaron Drummer
02C01-9710-CR-00382
|
Shelby County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Steven Cooper
02C01-9801-CR-00008
|
Shelby County | Court of Criminal Appeals | 04/23/98 | |
| Crawford vs. State
03C01-9604-CC-00172
|
Sullivan County | Court of Criminal Appeals | 04/23/98 | |
| Bacon vs. State
03C01-9605-CR-00203
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Dishman
03C01-9610-CR-00361
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 04/23/98 | |
| Harris vs. State
03C01-9611-CR-00410
Originating Judge:R. Jerry Beck |
Carter County | Court of Criminal Appeals | 04/23/98 | |
| Coleman v. State, No. 02C01-9505-Cc-00122 (Tenn. Crim. App., Apr. 17, 1996). On
02C01-9707-CR-00291
|
Gibson County | Court of Criminal Appeals | 04/23/98 | |
| State vs. James Mason a//k/a James Oscar Mason
01C01-9707-CC-00310
Originating Judge:Gary R. Wade |
Bedford County | Court of Criminal Appeals | 04/23/98 | |
| State vs. Thomas Congdon
01C01-9707-CR-00254
Originating Judge:L. Terry Lafferty |
Wilson County | Court of Criminal Appeals | 04/23/98 | |
| 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 | |
| George Goff v. City of Decherd v. Dina Tobin, Director
01S01-9611-CH-00232
This workers' compensation appeal from the Franklin County Chancery Court has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with 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 defendant, City of Decherd, appeals the ju dgment of the trial court findin g the plaintiff, George Goff, suffered an occupational disease; awarding the plaintiff eighty- five percent (85%) permanent partial disability to th e body as a who le; and requiring the defen dant to pay certain medical expenses. For the reasons stated in this opinion, we affirm the trial court, as modified. George Goff wa s 41 at the time of this trial. He dropped out of high schoo l in the ninth grade to work on the farm, and he has been unable to pass his G ED on three or four attem pts. His work history is composed of manual labor. The City of Decherd hired him as a laborer in 1984 and made him a crew foreman in 1987. On May 11, 199 , during the course of his employment he was exposed to chlo rine gas and missed ap proximately one w eek of work. He wa s treated by his family physician, Dr. Dewey Hood, for complaints of shortness of breath, coughing and fatigue on 11 or 12 occas ions throu gh Septem ber, 1993 . Dr. Hood re ferred plaintiff to Dr. Eric Dye r, a pulmonologist, who first treated plaintiff on May 18, 1993. Dr. Dyer told plaintiff he became asthmatic due to the 199 chlorine exposure and advised him to avoid asthma triggers, such as chemicals, humidity , and temperature extremes . He continued to w ork for the City of Dech erd without significant pro blems until January 2 8, 1994, when he was exposed to paint fumes and h is condition deteriorated. After the 1994 exposure, Dr. Dyer added paint fumes to his list of asthma triggers to avoid. Dr. Dyer assessed his permanent impairment at forty percent (4%) to the body as a whole, described h is prognosis as poo r, and advised the plaintiff he sh ould not return to wo rk for the City of Decherd. Dr. Hood stated "he is somewhat limited with his education and things he can do, and it may be that he just could not find a job--a sedentary job or a light working condition that he could return to." Plaintiff has not worked since January 28, 1994. Betty Morris, a vocational expert for the plaintiff, testified plaintiff had a ninety-six percent (96%) loss of access to jobs and should be limited to sedentary work. The defendant presented Charles Randolph Thomas, also a vocational expert, who testified plaintiff suffered a sixty-two and one half percent (62.5%) loss of access to jobs due to the 199 and 1994 chemical exposures, but only a one and one half percent (1.5%) loss of access due to the January 28, 1994, paint fumes 2
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart, |
Franklin County | Workers Compensation Panel | 04/22/98 |