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| State vs. Robert Moore
01C01-9608-CC-00335
Originating Judge:Allen W. Wallace |
Court of Criminal Appeals | 09/30/97 | ||
| Marvin Goodman vs. State
01C01-9607-CR-00286
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| Arthur L. Armstrong vs. State
01C01-9608-CR-00331
|
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| Lorenzo C. Waters vs. State
01C01-9609-CR-00402
|
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| Tony Craig Woods vs. State
01C01-9606-CR-00238
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Sneed
03C01-9610-CR-00371
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 09/30/97 | |
| State vs. McDonald
03C01-9611-CR-00414
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Richard McAdams
01C01-9604-CC-00134
|
Rutherford County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Douglas Russell Deloit
01C01-9606-CR-00275
Originating Judge:Fred A. Kelly |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| 03C01-9611-CR-00429
03C01-9611-CR-00429
Originating Judge:D. Kelly Thomas, Jr. |
Sullivan County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Breeden
03C01-9606-CR-00217
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/30/97 | |
| Bunch vs. Cooper
03A01-9705-CV-00154
|
Knox County | Court of Appeals | 09/30/97 | |
| State vs. Martha Pennington
01C01-9607-CC-00323
Originating Judge:Leonard W. Martin |
Court of Criminal Appeals | 09/30/97 | ||
| James H. Turner vs. State
01C01-9608-CC-00365
|
Hickman County | Court of Criminal Appeals | 09/30/97 | |
| Christopher v. Sockwell
03S01-9701-CH-00005
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. Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." Mr. Arons was 44 years old when he died on November 19, 1993. The appellant is his second wife, to whom he was married in 1973. They had one child, Nichole, who was born in 198. Mr. Arons and his first wife had four children. The family was dysfunctional, with the father being completely estranged from these children for a variety of causes, apparently attributable to drug and alcohol abuse. His second marriage was not idyllic; he abused alcohol to the extent he required hospitalization and, on occasion, his wife sought an order of protection. He was an inveterate cigarette smoker -- forty to sixty per day for 15 years -- and his eating habits were unusual in that he ate only one meal--breakfast--each day, snacking on junk food thereafter. His daughter, Nichole, was injured in a serious traffic accident on October 1, 1993 and his request for time-off from work was granted. He returned to work on November 3, 1993 and was found dead in his truck on November 19, 1993. After he returned to work, the decedent performed his duties without incident. He was not required to load, unload, supervise or do anything except drive. He had not engaged in any strenuous activity and had no altercations. He had made no complaints about illness and had never been treated for cardiovascular disease. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Sharon J. Bell |
Knox County | Workers Compensation Panel | 09/30/97 | |
| 01C01-9607-CR-00307
01C01-9607-CR-00307
|
White County | Court of Criminal Appeals | 09/30/97 | |
| Lambdin v. Old
03S01-9610-CH-00102
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 appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 09/30/97 | |
| State vs. Thompson
03C01-9609-CR-00353
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/30/97 | |
| 01CO1-9610-CR-00417
01CO1-9610-CR-00417
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Dubose
01S01-9602-CC-00029
|
Supreme Court | 09/29/97 | ||
| Jeanette Wilson v. Tecumseh Products Co.
02S01-9704-CV-00031
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 of findings of fact and conclusions of law. Tecumseh Products Company ("defendant") has raised the following issues by this appeal: Did the trial court err (1) in finding that plaintiff's vocational disability arose out of and in the course of her employment, (2) in awarding plaintiff temporary total disability and ordering defendant to pay certain medical expenses, (3) in finding that plaintiff sustained a forty percent permanent partial disability to her right arm and thirty percent permanent partial disability to her left arm, and (4) in charging certain discretionary costs incurred by plaintiff to defendant. We find no error and affirm. Jeanette Wilson ("plaintiff") was an employee of defendant, working on a production line. Her duties involved using a screwdriver to adjust wedges on motors that came down the assembly line. She was required to make adjustments on one side of the motor, turn the motor over and make adjustments on the other side. It is undisputed that these functions required plaintiff to use both of her hands and to lift motors which could weigh up to forty pounds. Plaintiff had no difficulty with her hands and arms prior to coming to work for defendant. She began to experience problems in both arms, specifically her right wrist, in November, 1995. She continued to work until the condition worsened to the point where she felt obliged to see a doctor. Upon notifying the defendant of her condition, defendant provided her with a choice of three physicians who could treat her. Plaintiff chose Dr. John Holancin. Dr. Holancin, after examining plaintiff, placed her on light duty and referred her to Dr. Ronald Bingham for a diagnostic test called an EMG. This test revealed that plaintiff had no median sensory slowing in either wrist, but did have severe median motor conduction slowing across both wrists. He concluded that plaintiff was suffering from severe carpal tunnel syndrome in both hands. Plaintiff continued to work until such time as her hands swelled so much that she was unable to perform her work. In the note that was written by her supervisor to the 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. C. Creed Mcginley, Judge |
Wilson County | Workers Compensation Panel | 09/29/97 | |
| State vs. Gordon
01S01-9605-CC-00084
|
Supreme Court | 09/29/97 | ||
| William D. Carroll vs. Fred Raney, Warden
02S01-9610-CC-00086
|
Supreme Court | 09/29/97 | ||
| State DHS vs. Russell
03A01-9701-CV-00002
|
Hawkins County | Court of Appeals | 09/29/97 | |
| Tennessee Farmers Mutual Ins. vs. Thomas Tipton
02A01-9702-CV-00037
Originating Judge:Joseph H. Walker |
Court of Appeals | 09/29/97 |