APPELLATE COURT OPINIONS

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02C01-9603-CR-00070

02C01-9603-CR-00070
Shelby County Court of Criminal Appeals 03/27/97
02A01-9507-CH-00144

02A01-9507-CH-00144

Originating Judge:Floyd Peete, Jr.
Shelby County Court of Appeals 03/27/97
02C01-9510-CR-00330

02C01-9510-CR-00330
Shelby County Court of Criminal Appeals 03/27/97
03C01-9604-CR-00160

03C01-9604-CR-00160

Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 03/27/97
Abou-Sakher vs. Humphreys Co, et. al.

01A01-9604-CH-00185

Originating Judge:Leonard W. Martin
Humphreys County Court of Appeals 03/27/97
Flowers vs. Traughber

01A01-9609-CH-00392

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 03/27/97
01C01-9603-CC-00096

01C01-9603-CC-00096
Dickson County Court of Criminal Appeals 03/27/97
01A01-9603-CH-00138

01A01-9603-CH-00138
Court of Appeals 03/27/97
01C01-9602-CC-00057

01C01-9602-CC-00057
Overton County Court of Criminal Appeals 03/27/97
03C01-9606-CC-00216

03C01-9606-CC-00216
Sevier County Court of Criminal Appeals 03/27/97
Harmon vs. Dunn

01A01-9607-CH-00344

Originating Judge:Jim T. Hamilton
Maury County Court of Appeals 03/27/97
02C01-9601-CC-00006

02C01-9601-CC-00006

Originating Judge:Joe G. Riley. Jr.
Dyer County Court of Criminal Appeals 03/27/97
01C01-9509-CR-00309

01C01-9509-CR-00309

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 03/27/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Smith County Court of Appeals 03/27/97
03C01-9512-CC-00401

03C01-9512-CC-00401

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 03/27/97
01C01-9603-CC-00109

01C01-9603-CC-00109
Bedford County Court of Criminal Appeals 03/27/97
03C01-9511-CC-00355

03C01-9511-CC-00355
Blount County Court of Criminal Appeals 03/25/97
02A01-9607-CH-00169

02A01-9607-CH-00169

Originating Judge:C. Neal Small
Shelby County Court of Appeals 03/25/97
03C01-9603-CC-00118

03C01-9603-CC-00118

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 03/25/97
03C01-9606-CC-00228

03C01-9606-CC-00228
Roane County Court of Criminal Appeals 03/25/97
03C01-9512-CR-00416

03C01-9512-CR-00416

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 03/25/97
03C01-9512-CR-00416

03C01-9512-CR-00416

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 03/25/97
03C01-9604-CC-00158

03C01-9604-CC-00158

Originating Judge:R. Steven Bebb
Bradley County Court of Criminal Appeals 03/25/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 03/24/97
Guy Brewer v. City of Waynesboro

01S01-9607-CV-00150
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 appeals from the trial court's dismissal of his complaint for workers' compensation benefits for lack of notice. We affirm the judgment of the trial court. Plaintiff testified that he injured his back on May 6, 1993, while unloading 5- pound bags of chemicals in the course of his employment as water plant operator for the City of Waynesboro. He testified that his back began to hurt that evening and then continued to get worse. He testified that he informed Flora Locker, the city recorder, and Howard Riley, public works director, that he had hurt his back at work within two weeks of his injury. He further testified that Riley provided him with someone to assist him with lifting about two weeks after his May 6, 1993 injury. Flora Locker testified that the plaintiff told her he hurt his back lifting bags of chemicals, but she was uncertain when he told her except that it was before his July 14, 1993 fall. She testified that she did not make a report of it because it was more than ten days after the accident, which was the time limit she had been told for reporting accidents; however, she also testified that he never told her when he had hurt his back. Howard Riley denied ever having received notice from the plaintiff. A co- worker, David Maples, testified that Steve Colley, the city manager, told him about two weeks after May 6, 1993, to make sure that plaintiff did not have to do any lifting at work because plaintiff was having problems with his back. Plaintiff first went to Dr. J.V. Mangubat, a general practitioner and surgeon, for treatment. Dr. Mangubat testified by deposition that plaintiff first complained of pain in his left hip radiating down his left leg in April 1993, which he attributed to arthritis. He saw plaintiff again on May 6, 1993 to remove sutures from a previous in- office excision. Plaintiff did not complain of back or leg pain at the time. Plaintiff returned on June 3, 1993, complaining of pain in both hips radiating down both legs with some 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Jim T. Hamilton,
Wayne County Workers Compensation Panel 03/24/97