Please enter some keywords to search.
| David F. Summers v. K.U.B and Larry Brinton, et al
03S01-9703-CH-00029
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. Fairly stated, the issues referred to the panel for findings and conclusions are (1) whether the chancellor erred in computing the employer's liability for permanent total disability benefits based upon a percentage of benefits payable to the employee up to age 65, (2) whether the chancellor erred in holding the employer liable for all benefits payable until the time of the employee's death, from a cause other than the compensable injury, on September 8, 1996, and (3) whether the chancellor abused his discretion by refusing to order the claimant's counsel to remit a portion of his fee because the claimant died before the expiration of 4 weeks. As discussed below, the panel has concluded the judgment should be affirmed as to all three issues. The employee or claimant, Summers, was fifty-four years old at the time of the trial. He had worked for the employer, Knoxville Utilities District, since 1965. On June 2, 1993, he suffered a compensable neck injury, which injury was superimposed upon three prior disabilities, none of which entitled him to an award of workers' compensation benefits. As a result of the compensable injury, for which the chancellor found him to be thirty percent permanently disabled, combined with the pre-existing physical disabilities, the claimant is permanently and totally disabled. The trial judge so found and, as required by Tenn. Code Ann. section 5-6-28(a)(1)1, apportioned the award thirty percent to the employer and seventy percent to the Second Injury Fund, to age 65. The employer contends, by its first issue, that its liability should be limited to thirty percent the first 4 weeks of benefits. 1 5-6-28(a)(1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, such employee shall be entitled to compensation from such employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and such previous injury shall not be considered in estimating the compensation to which such employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to such compensation for a subsequent injury, and after completion of the payments therefor, then such employee shall be paid the remainder of the compensation that would be due for the permanenttotal disability out of a special fund to be known as the "second injury fund" therein created.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 08/31/98 | |
| Henry Mitchell Brummitt v. Lockheed Martin Energy Systems
03S01-9707-CV-00089
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that he became totally disabled on account of anxiety and depression caused by several specific, acute and sudden stressful job-related incidents, all of which were denied by the defendant. The trial judge found that the plaintiff's mental problems were the result of a "gradual build-up of stress caused by the plaintiff's overreaction to his work," and hence not compensable. The plaintiff appeals the dismissal of his complaint. 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 finding, unless the preponderance of the evidence is otherwise. T.C.A. _ 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 courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). I The plaintiff is 58 years old. In June 1976 he was employed by the defendant's predecessor as a fire truck driver. Promotions came his way and in 1984 he was named maintenance officer of all the fire and guard facilities at the Y-12 plant in Oak Ridge. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. James B. Scott |
Knox County | Workers Compensation Panel | 08/31/98 | |
| State vs. Samuel Howard
02C01-9707-CR-00274
|
Shelby County | Court of Criminal Appeals | 08/31/98 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Wyeth Chandler |
Supreme Court | 08/31/98 | ||
| Memphis Publishing Co. vs. TN. Petroleum Underground
01S01-9710-CH-00232
|
Supreme Court | 08/31/98 | ||
| State vs. Charles Treadwell
01C01-9705-CR-00166
|
Davidson County | Court of Criminal Appeals | 08/28/98 | |
| State vs. Drexell Ridley
01C01-9705-CC-00171
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 08/28/98 | |
| 01C01-9707-CR-00237
01C01-9707-CR-00237
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/27/98 | |
| In State v. King, ____ S.W.2D ____ (Tenn. 1998), Our Supreme Court
01C01-9707-CR-00237
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/27/98 | |
| Alan Head vs. State
01C01-9802-CR-00082
Originating Judge:Jerry L. Smith |
Court of Criminal Appeals | 08/27/98 | ||
| 01C01-9710-CR-00460
01C01-9710-CR-00460
|
Davidson County | Court of Criminal Appeals | 08/27/98 | |
| Walter Kendrick vs. State
01C01-9703-CR-00107
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 08/27/98 | |
| State vs. Anthony Robinson
02C01-9707-CR-00275
|
Shelby County | Court of Criminal Appeals | 08/26/98 | |
| State vs. Adrian Wilkerson & Steven Murphy
01C01-9610-CR-00419
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/26/98 | |
| State vs. Kalid Abdulahi
02C01-9707-CR-00280
|
Shelby County | Court of Criminal Appeals | 08/26/98 | |
| State vs. Timothy Casterlow
W2001-03112-CCA-R3-CD
The defendant was convicted by a jury of the offense of rape of a child. He was sentenced to serve a term of 20 years in the Department of Correction. In this appeal he challenges the sufficiency of the convicting evidence and he alleges reversible error resulting from a allegation that prospective trial jurors were told that they could donate their compensation for jury service to the Victims of Crime Compensation Fund. We find the evidence of the defendant's guilt to be more than sufficient to sustain the verdict. Moreover, the defendant has failed to raise by proper proceeding the issue of what the jury was told regarding donating its compensation. We accordingly affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.
|
Shelby County | Court of Criminal Appeals | 08/26/98 | |
| State vs. Macarthur Monie
02C01-9710-CC-00413
|
Fayette County | Court of Criminal Appeals | 08/26/98 | |
| In Re Billy Wayne Williams
01S01-9805-CJ-00096
|
Lauderdale County | Supreme Court | 08/25/98 | |
| Raph Roe vs. State (Ricky Bell, Warden)
01C01-9708-CR-00354
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/25/98 | |
| State vs. Jack Benson
01C01-9707-CC-00283
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 08/25/98 | |
| State vs. Uther Christian
01C01-9708-CC-00357
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 08/25/98 | |
| State vs. Karl Shields
01C01-9707-CR-00239
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 08/25/98 | |
| State vs. Reginald Edmonds
02C01-9708-CC-00334
|
Benton County | Court of Criminal Appeals | 08/25/98 | |
| 01C01-9403-CC-00106
01C01-9403-CC-00106
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 08/25/98 | |
| Andrew Arnold vs. State
01C01-9712-CC-00581
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/25/98 |