Please enter some keywords to search.
| James Clifford Tatum v. Methodist Health Systems, et al
02S01-9609-CH-00079
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The director of the Workers' Compensation Division of Tennessee Department of Labor, as trustee for the Second Injury Fund (Second Injury Fund), appeals from the decision of the trial court. The court approved, over the objection of the Second Injury Fund, a settlement agreement between the employee, James Clifford Tatum, and the employer, Methodist Health Systems (Methodist Hospital of Dyersburg, Inc.), limiting the employer's liability to benefits based on 31 per cent (31%) permanent partial disability to the whole body. The claim against the Second Injury Fund was reserved until trial. The trial of the case was between the employee and the Second InjuryFund. Subsequently, at trial, the trial court found the employee to be permanently and totally disabled and held the Second Injury Fund liable for 6 per cent (6%) of that total disability. Because the court erred in approving the settlement over the objectionof the Second Injury Fund, the panel concludes that both judgments should be set aside, and the case remanded for a new trial on all issues. The trial court recognized its error and stated in its memorandum opinion of April 29, 1996, as follows: "This settlement was approved over the objection of the Fund. In retrospect, the Court should not have approved the settlement over the objection of the Fund, but should have tried both claims together." However, the trial court apparently believed that it had cured its error. We conclude otherwise. In a very recent case decided by the Supreme Court on December 23, 1996, the court reasoned as follows: Here, the trial court approved a settlement concerning the 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Martin, Judge |
Dyer County | Workers Compensation Panel | 04/17/97 | |
| Roberts vs. Lowe
03A01-9610-CC-00333
Originating Judge:Arden L. Hill |
Johnson County | Court of Appeals | 04/16/97 | |
| 02A01-9510-CV-00240
02A01-9510-CV-00240
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 04/16/97 | |
| El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
|
Court of Appeals | 04/16/97 | ||
| Brian Grant vs. Tonya Grant
02A01-9603-CV-00053
Originating Judge:Wyeth Chandler |
Court of Appeals | 04/16/97 | ||
| State vs. John F. Wolard
01C01-9612-CC-00532
|
Montgomery County | Court of Criminal Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 04/16/97 | |
| 03C01-9601-CC-00016
03C01-9601-CC-00016
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 04/16/97 | |
| 01A01-9508-CV-00377
01A01-9508-CV-00377
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 04/16/97 | |
| Gloria Gilliland vs. Gary Stanley
02A01-9603-GS-00056
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamblen County | Court of Appeals | 04/16/97 | |
| State., ex. rel., vs. United Physicians Ins.
01A01-9610-CH-00449
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/16/97 | |
| 01A01-9610-JV-00493
01A01-9610-JV-00493
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 04/16/97 | |
| Mcpherson vs. Stokes, et. al.
01A01-9505-CH-00216
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 04/11/97 | |
| Draper vs. Reaver, et. al.
01A01-9609-CV-00394
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 04/11/97 | |
| State vs. Theodore Howard
02C01-9508-CR-00237
|
Shelby County | Court of Criminal Appeals | 04/11/97 | |
| Hymel vs. Hymel
01A01-9703-CV-00136
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/11/97 | |
| Warren, et. vir vs. Metro Gov't., et. al.
01A01-9606-CV-00277
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 04/11/97 | |
| Bryant vs. TN. Dept. of Safety
01A01-9509-CH-00398
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/11/97 | |
| Sliger vs. Stokes, et. al.
01A01-9609-CH-00403
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 04/11/97 | |
| Cashion vs. Robertson
01A01-9506-CH-00257
Originating Judge:Ben H. Cantrell |
Court of Appeals | 04/11/97 | ||
| Clemmye Berger vs. Marvin Ratner, et al
02A01-9604-CV-00077
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 04/11/97 | |
| State vs. Terry Logan
02C01-9609-CC-00297
|
Fayette County | Court of Criminal Appeals | 04/10/97 | |
| 02A01-9512-CV-00287
02A01-9512-CV-00287
Originating Judge:Childers |
Shelby County | Court of Appeals | 04/10/97 | |
| State vs. Mirack Smith
W1999-01566-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 04/10/97 |