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| Richard Thomas Johnson v. State of Tennessee
W2001-02373-CCA-R3-CD
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/19/96 | |
| James R. Rose and wife, Stella Kay Rose, v. Dennis R. Rice, Janice Rice and John Doe
02A01-9509-CV-00198
This is a negligence case involving the head-on collision of two vehicles. Appellants James
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Charles O. Mcpherson |
Henderson County | Court of Appeals | 12/19/96 | |
| William Valdez, & Miguel Pineda v. Lang Environmental
01S01-9605-CH-00085
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| Wesley Eddins, Sr. v. North American Rayon Corporation
03S01-9602-CH-00016
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 employer, North American Rayon Corporation, has appealed from the trial court's award of permanent disability benefits to plaintiff, Wesley Eddins, Sr. The Chancellor fixed the award at 45% to the body as a whole. Two issues are presented on appeal. First, the employer contends the trial court was in error in allowing temporary total disability benefits. Second, it is argued plaintiff did not incur any permanent disability as a result of the alleged work-related injury. Plaintiff is 29 years of age and is a high school graduate. He has been going to college for about two years attempting to rehabilitate himself for other types of employment. His college work would classify him as a sophomore. On about October 11, 1991, he was injured while at his work station when the floor gave away causing him to fall some distance below. He said the fall injured his back and he had immediate pain up and down his spinal cord and pain in his neck and legs. He continued to work for about two weeks until his condition became worse; at one point, he testified, he could not move his legs; the company doctor took him off work duties on about November 8, 1991, and he had not returned to work as of the date of the trial on September 25, 1995; his chief complaint has been massive muscle spasms; he told the court his condition did not improve much until August-September 1994. The record indicates he has seen many doctors, some have testified extensively in this proceeding and others appear in the record by medical reports, letters, etc., identified as collective exhibit #1. The review of the case is de novo accompanied by a presumption of the correctness of the findings of fact unless we find the preponderance is otherwise. T.C.A. _ 5-6-225(e)(2). 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. J. Richard Johnson, |
Washington County | Workers Compensation Panel | 12/19/96 | |
| Richard Caldwell v. Activated Metals & Chemicals, Inc., et al.
03S01-9602-CV-00015
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 trial court awarded plaintiff 35% permanent partial disability to the body as a whole. Defendant challenges the trial court's finding that plaintiff's impairment arose out of a work-related injury and the trial court's consideration of the testimony of the plaintiff's expert witness. Plaintiff, 43, finished the eleventh grade. He has a varied work experience, having worked in restaurants, construction, as a stockboy, a janitor/security guard and as a salesperson of draperies and linens. He testified that he suffered an injury in the nature of an occupational disease from inhaling aluminum oxide dust and the dust of a nickel aluminum alloy at his workplace, resulting in his having to stop working and seeking medical care on July 28, 1993. He began working for defendant in January 1993. Plaintiff was referred to Barry Frame, M.D., a specialist in thoracic and cardiovascular surgery, who testified in this case by deposition. He diagnosed pneumonia with complicating empyema (or lung abscess). Apparently, plaintiff suffered a pneumothorax, or puncturing of the lung. Dr. Frame opined that this pneumothorax was the result of infection, a pneumonia resulting from the aspiration of some anaerobic organism. No organism was cultured. When asked if plaintiff told him that his condition started as a result of exposure to a metal compound at work, Dr. Frame testified that he was aware that there was some consideration of an occupational factor, but that plaintiff should be referred to a pulmonologist to evaluate that; he had been concerned with dealing with the pneumonia and its complications. Chaim Cohen, M.D., a specialist in occupational medicine, examined the plaintiff at the request of his attorney. He examined plaintiff, reviewed material safety data sheets for compounds to which plaintiff had been exposed, reviewed 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Knox County | Workers Compensation Panel | 12/19/96 | |
| 01A01-9603-CH-00140
01A01-9603-CH-00140
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 12/18/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Washington County | Court of Appeals | 12/18/96 | |
| 01A01-9604-PB-00163
01A01-9604-PB-00163
Originating Judge:Joe P. Binkley, Sr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9609-CH-00426
01A01-9609-CH-00426
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9605-CV-00230
01A01-9605-CV-00230
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 12/18/96 | |
| Fireman's Fund Insurance v. Taylor Barton Mills
03S01-9601-CH-00008
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 of findings of fact and conclusions of law. In this appeal, the employee contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. On February 15, 1995, the employee or claimant, Mills, was working at his job as a machinist using a large lathe to bore a specifically sized hole into a fifty inch bull gear. After stopping the lathe to take a measurement, he accidentally - perhaps negligently - brushed against the lathe's starter button. The lathe started and the claimant's clothing was caught in the turning lathe. As a result, he was injured. Tests done at the University of Tennessee Medical Center shortly after the accident revealed a high level of cannaboid concentration from probable chronic use of marijuana. The claimant admits to being a chronic user of marijuana and had admittedly smoked two or three "joints" on the evening before the accident. Additionally, two witnesses testified that they thoughtthey saw him from some one hundred feet away, sharing a joint with another employee on the morning of the accident, before beginning work. The claimant and other employee denied it. The employer knew Mills was a heavy marijuana user and had fired him for thirty days on a previous occasion for "suspected" use of the substance, but re-hired him 3 days later at a higher rate of pay. An expert, without examining the claimant, opined from lab test results that marijuana intoxication was a possible contributing cause of his 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dennis H. Inman, |
Knox County | Workers Compensation Panel | 12/18/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9607-CV-00304
01A01-9607-CV-00304
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/18/96 | |
| Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24,
01A01-9603-CH-00140
|
Court of Appeals | 12/18/96 | ||
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9510-CH-00430
01A01-9510-CH-00430
Originating Judge:Robert S. Brandt |
Court of Appeals | 12/18/96 | ||
| State vs. Ervin
03C01-9707-CC-00311
|
Blount County | Court of Criminal Appeals | 12/17/96 | |
| 03C01-9506-CC-00176
03C01-9506-CC-00176
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Marion County | Court of Appeals | 12/17/96 | |
| Patricia D. Woodward v. American General Life & Accident Insurance Company
03S01-9512-CV-00138
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 of findings of fact and conclusions of law. In this appeal, the employee or claimant, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Thomas J. Seeley, Jr., |
Washington County | Workers Compensation Panel | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Loudon County | Court of Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 12/17/96 | |
| John Timothy Enochs, v. Dr. George Nerren, Superintendent of Dyersburg Schools, and The Dyersburg Board of Education
O2A01-9505-CH-00113
This case involves the dismissal of a tenured teacher. Appellant John Timothy Enochs (“Enochs”) challenges his discharge by Appellee Dyersburg Board of Education (“Board”) from his position as a tenured teacher in the Dyersburg City School System. After a hearing, Enochs’ dismissal was affirmed by the trial court. In this appeal, Enochs claims that the trial court’s hearing and review of the Board’s dismissal violated the Teacher Tenure Act and his right to due process. We affirm the decision of the trial court.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor J. Steven Stafford |
Dyer County | Court of Appeals | 12/17/96 |