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| Scott Mckeehan v. White Cons.
03S01-9806-CH-00056
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6- 225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial judge found the plaintiff sustained an accident in July 1988 and was 1 percent permanently vocationally impaired. As a result, the defendant was ordered to pay 96 percent of the award and the Second Injury Fund was ordered to pay 4 percent of the award. The plaintiff appeals and asserts the date of the industrial accident should be fixed as August 25, 1995. The defendant and the Second Injury Fund appeal also and say the trial court erred in finding the plaintiff 1 percent totally and permanently disabled. We affirm the judgment of the trial court. The plaintiff, Scott McKeehan, was 37 years old at the time of the trial. Mr. McKeehan has a high school education and received a special vocational course through his employer, Athens Products. He has an employment history of heavy manual labor. In 1987, Mr. McKeehan injured his back in an automobile accident, and surgery for a herniated disc was done. No workers' compensation award was sought because this was a non-work related injury. Mr. McKeehan testified that he reinjured his back on July 2, 1988 while tightening a bolt in the course and scope of his employment. An MRI performed at that 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 08/02/99 | |
| Herman Vanderheyden, d/b/a Vanderheyden Construction Co. v. Ajay Inc. and Federal Savings Bank - Concurring
02A01-9803-CH-00070
This is a construction case. The defendant owner hired the plaintiff contractor to build a movie theater. The contract contained an arbitration clause. The owner terminated the contractor before the construction was completed. The contractor filed suit against the owner regarding an amount of money required to be held in escrow pursuant to Tennessee Code Annotated § 66-11-144, which permits the contractor to seek “any remedy in a court of proper jurisdiction . . . .” The trial court stayed the proceedings and ordered the parties to arbitration. We reverse and remand.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Floyd Peete, Jr. |
Shelby County | Court of Appeals | 08/02/99 | |
| Betty Nesmith and Cecil Nesmith, v. John Alsup, II, and Teresa Alsup
01A01-9809-CH-00509
The plaintiff petitioned the court for a declaration that she was entitled to a one-half interest in a farm that had been part of her father’s estate. Her brother responded by claiming to be the sole owner under the provisions of their father’s will, or in the alternative, under a theory of adverse possession. The trial court found that the effect of the will was to divide the property equally between the siblings, and that the brother failed to prove ownership by adverse possession. We affirm the trial court.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Court of Appeals | 08/02/99 | |
| State vs. Steven Willard Self
03C01-9807-CR-00227
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 07/30/99 | |
| Luther Fowler vs. State
03C01-9711-CR-00509
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/30/99 | |
| 01C01-9801-CC-00045
01C01-9801-CC-00045
Originating Judge:Allen W. Wallace |
Cheatham County | Court of Criminal Appeals | 07/30/99 | |
| TN Downs vs. William Gibbons
02A01-9812-CH-00379
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 07/30/99 | |
| Brennco Inc. vs. Chattanooga Better Housing Comm.
E2000-01508-COA-R3-CV
Plaintiff's action for an order restraining defendant from demolishing plaintiff's buildings was ultimately dismissed, after plaintiff failed to meet conditions set by the Court to keep the restraint in place. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 07/30/99 | |
| Jennifer Kensinger vs.s James Kensinger
02A01-9811-CV-00322
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 07/30/99 | |
| State vs. Chris Teffeteller
03C01-9803-CC-00114
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 07/30/99 | |
| Valerie Humphries vs. Plant Maint.
02A01-9811-CV-00323
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 07/30/99 | |
| State vs. Maurice Boyd
01C01-9810-CR-00412
|
Davidson County | Court of Criminal Appeals | 07/30/99 | |
| 01C01-9612-CR-00502
01C01-9612-CR-00502
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 07/30/99 | |
| Randy Dale Hill vs. State
01C01-9806-CR-00273
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 07/30/99 | |
| State vs. Josephine C. Skidmore
01C01-9804-CR-00159
|
Davidson County | Court of Criminal Appeals | 07/30/99 | |
| Eatherly vs. Eatherly
01A01-9806-CV-00314
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 07/29/99 | |
| Smith vs. Smith
01A01-9809-CH-00515
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 07/29/99 | |
| Nichols vs. Nichols
03A01-9810-CV-00352
|
Court of Appeals | 07/29/99 | ||
| Terry W. Holtsclaw vs. State
03C01-9904-CR-00143
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/29/99 | |
| Thompson vs. Telco
01A01-9801-CH-00045
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 07/29/99 | |
| Byrd vs. Gibson
03A01-9901-CV-00022
|
Court of Appeals | 07/29/99 | ||
| State/Carolyn Collier vs. Ephram Collier
02A01-9901-JV-00027
Originating Judge:J. Roland Reid |
Haywood County | Court of Appeals | 07/29/99 | |
| 03A01-9811-CH-000380
03A01-9811-CH-000380
|
Court of Appeals | 07/29/99 | ||
| In Re: Annie Christina Harris
01A01-9901-CV-00017
Originating Judge:Royce Taylor |
Rutherford County | Court of Appeals | 07/29/99 | |
| Memphis Housing vs. Tara Thompson
02A01-9812-CV-00356
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 07/29/99 |