Please enter some keywords to search.
| 02C01-9408-CR-00165
02C01-9408-CR-00165
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 06/28/96 | |
| 01A01-9511-CV-00504
01A01-9511-CV-00504
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/28/96 | |
| Gwendolyn G. Thompson (Browning) vs. Donald Louise Thompson
01A01-9510-CV-00460
Petitioner-appellant, Gwendolyn G. Thompson (Browning) (Wife), appeals from the order of the trial court awarding respondent-appellee, Donald Lewis Thompson (Husband), attorney fees in the amount of $500.00.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Special Judge Philip E. Smith |
Davidson County | Court of Appeals | 06/28/96 | |
| 02C01-9602-CC-00063
02C01-9602-CC-00063
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 06/28/96 | |
| 01A01-9511-CH-00533
01A01-9511-CH-00533
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 06/28/96 | |
| 03C01-9503-CR-00078
03C01-9503-CR-00078
|
Jefferson County | Court of Criminal Appeals | 06/27/96 | |
| 03C01-9508-CC-00253
03C01-9508-CC-00253
|
Unicoi County | Court of Criminal Appeals | 06/27/96 | |
| 01C01-9506-CR-00165
01C01-9506-CR-00165
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 06/27/96 | |
| 01C01-9508-CR-00252
01C01-9508-CR-00252
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 06/27/96 | |
| 03C01-9508-CC-00253
03C01-9508-CC-00253
|
Unicoi County | Court of Criminal Appeals | 06/27/96 | |
| 03C01-9503-CR-00078
03C01-9503-CR-00078
|
Jefferson County | Court of Criminal Appeals | 06/27/96 | |
| Margaret Danmole v. Charles L. Wright
01A01-9512-CV-00565
Defendant, Charles L. Wright, has appealed from the judgment of the trial court entered on the jury's verdict for plaintiff, Margaret Danmole. The jury awarded plaintiff $17,000.00 for her injuries and damages sustained as the result of an automobile accident. In the instant case, we find no evidence of abuse of discretion on the part of the trial court. Moreover, there is not even a scintilla of evidence in this record that the jury which tried this case was anything other than fair and impartial. Therefore, it results that the judgment of the trial court is affirmed, and the cause is remanded to the trial court for further necessary proceedings.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9512-CH-00571
01A01-9512-CH-00571
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 06/26/96 | |
| 01A01-9511-CH-00522
01A01-9511-CH-00522
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9512-PB-00544
01A01-9512-PB-00544
Originating Judge:Phillip Robinson |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9603-CH-00132
01A01-9603-CH-00132
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9603-CH-00099
01A01-9603-CH-00099
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/26/96 | |
| Joseph Jarreau v. Vanliner Insurance Company
01S01-9512-CH-00228
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. This appeal presents the questions whether and under what circumstances, if any, an injured worker may give up his right to future medical expenses. The panel concludes the trial court's judgment, approving a settlement in which the right to future medical expenses was voluntarily surrendered for consideration, should be affirmed. The employee or claimant, Jarreau, commenced this civil action by filing a complaint for workers' compensation benefits, averring that he had suffered an injury by accident arising out of and in the course of his employment by Ozark Motor Lines, Inc. The complaint further averred, in relevant part, that his injury had been diagnosed as a tear of the left medial meniscus, that he had reached maximum medical recovery and would retain a permanent impairment but that there was a genuine dispute as to the extent of his permanent disability. He sought to recover medical and permanent partial disability benefits. Vanliner Insurance Company served its answer admitting it was the insurer for Ozark, but denying that the claimant had suffered a compensable injury or that he was permanently disabled. On September 8, 1994, before the case could be tried, the claimant and his attorney and the attorney for Vanliner appeared before Judge Capers seeking approval of a negotiated settlement. By the settlement terms, the claimant was to receive $25,459.2, representing a permanent partial disability of forty percent to the left leg, and an additional $9,54.8 in consideration of the claimant's relinquishment of any claim for future medical benefits, for a total of $35,.. Additionally, the claimant had already received $15,481.3 in medical benefits and $12,481.3 in temporary total disability benefits. We find in the record no transcript of the settlement hearing, but Judge Capers found that Dr. Robert V. Russell had opined the claimant had reached maximum medical improvement and would retain a permanent anatomical impairment of ten percent to the leg. The judge further found the settlement to be in the best interest of the claimant, "in light of the controversy and dispute between the parties." The agreement was approved as a full, final and complete settlement of Mr. Jarreau's claim against the employer and its insurer. Almost eight months later, on April 28, 1995, the claimant applied to the court, per Tenn. R. Civ. P. 6.2, for an order setting aside the settlement 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Bobby Capers, |
Wilson County | Workers Compensation Panel | 06/25/96 | |
| Wade v. Davies
03C01-9509-CC-00260
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 06/25/96 | |
| 03C01-9508-CC-00237
03C01-9508-CC-00237
|
Loudon County | Court of Criminal Appeals | 06/25/96 | |
| Anna Lue Mckamey v. Red Kap Industries
03S01-9505-CH-00053
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 appellant suffered a stroke while working on an assembly line. Substantial disability resulted, which she alleges is compensable as being accident- related. The trial judge disagreed, and she appeals. Our review is de novo, with the presumption that the judgment is correct unless the evidence otherwise preponderates. TENN. CODE ANN. _ 5-6-225(e)(2). Mrs. McKamey is 49 years old, with limited skills and education. Her assembly-line job involved the sewing of shirt collar stays, which may be fairly described as repetitive and monotonous. On May 12, 1992, while working the 7: a.m. to 3:3 p.m. shift, she suffered a stroke shortly before the end of her shift which resulted in total vocational disability. She alleges that, like all other employees, she was expected to make production, with its attendant pressures and tensions, which caused or contributed to the stroke. Causation is the dispositive issue. The proof revealed that Mrs. McKamey had been suffering from hypertension for years and had been regularly taking medication for that disease since 1988. She had smoked cigarettes since age 14; at the time of her stroke, she smoked more than twenty per day. Responding to a hypothetical question, Dr. John Purvis, a neurosurgeon, testified that the sewing of hundreds of collar stays during a regular shift could be a contributory factor to the cerebral accident, depending upon a resolution of certain factors, those being arteriosclerosis and hypertension, the former being aggravated or caused by smoking which "played a part" and contributed to her pre-existing condition. The inducing causes of her stroke was the rupture of a blood vessel. After reviewing a videotape of the assembly-line workers, Dr. Purvis testified as -2-
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Frank V. Williams, III |
Knox County | Workers Compensation Panel | 06/25/96 | |
| Debbie G. Farrow v. Phillips Consumer Electronics Company
03S01-9508-CV-00089
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, Farrow, contends the evidence preponderates against the trial court's finding that her injury did not arise out of her employment. The panel concludes that the judgment should be reversed and the case remanded for an award of benefits. On October 6, 1993, the claimant was injured while she was hurriedly walking from her work station to the cafeteria at the start of a ten minute break period. She had almost reached the stop of a stairway when she came down hard on her foot, injuring her knee. She suffered internal knee derangement, according to the operating surgeon. The trial judge found that the injury occurred in the course of employment, but did not arise out of the employment, as required. 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. section 5-6-225(e)(2). Conclusions of law are subject to de novo review without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Generally, an injury arises out of employment if it has a rational causal connection to the work; and any reasonable doubt as to whether an injury arose out of the employment or not is to be resolved in favor of the employee. Hall v. Auburntown Industries, Inc., 684 S.W.2d 614 (Tenn. 1985); White v. Werthan Industries, 824 S.W.2d 158 (Tenn. 1992). Where an employee is injured on the employer's premises during a break period provided by the employer, such an injury is generally compensable. Wellington v. John Morrell and Co., 619 S.W.2d 116 (Tenn. 1981); Drew v. Tappan Co., 63 S.W.2d 624 (Tenn. 1982); Holder v. Wilson Sporting Goods Co., 723 S.W.2d 14 (Tenn. 1987). The rule is derived from the notion that an employer who directs or permits his employees to eat at a place provided for that purpose or otherwise within the premises, owes such employees the same duty of protection from danger there that it does at the place where the employees work. Johnson Coffee Co. v. McDonald, 143 Tenn. 55, 226 S.W. 215 (192). On the strength of those authorities, the panel finds that the evidence preponderates against the trial court's finding and in favor of a finding that the claimant's injury is compensable. The judgment of the trial court is accordingly reversed and the case remanded to the trial court for an award of benefits. Costs on appeal are taxed to the defendant-appellee. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 06/25/96 | |
| Brenda Gail Ward v. United States Fidelity and Guaranty Company
03S01-9509-CH-00109
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 employer's insurer contends the evidence preponderates against the award of permanent disability benefits. The panel concludes the judgment should be reversed and the cased dismissed. The only issue litigated at trial was the extent of the claimant's permanent disability, if any. On February 19, 1993, the employee or claimant, Brenda Gail Ward, was sweeping a floor for her employer, United Parcel Service, when she suddenly slipped and fell, injuring her back, neck and shoulder. On April 7, 1993, she visited Dr. David Hauge, who treated her until January 26, 1994. Dr. Hauge diagnosed chronic degenerative changes unrelated to the above accident. His diagnosis was confirmed by an MRI of the spine. He found no evidence of an acute injury, except some muscle spasm which was resolved with physical therapy. He estimated her permanent impairment from her degenerative changes at nine percent to the whole body, but provided no proof of medical causal connection to the work-related accident. Approximately two years after the accident, the claimant was evaluated by Dr. William E. Kennedy, who found no permanent anatomical injury or change as a result of the work-related accident, but assessed her permanent impairment from her subjective complaints of pain at eight percent to the whole person. A vocational expert, Norman Hankins, estimated her industrial disability at between thirty-four and sixty-one percent, depending on her physical restrictions. The chancellor awarded permanent partial disability benefits based on forty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of the trial court, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White, |
Campbell County | Workers Compensation Panel | 06/25/96 | |
| 01S01-9510-CC-00173
01S01-9510-CC-00173
Originating Judge:Donald P. Harris |
Supreme Court | 06/24/96 | ||
| 01S01-9412-FD-00155
01S01-9412-FD-00155
|
Supreme Court | 06/24/96 |