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| Adams v. Peterbilt
03S01-9603-CV-00031
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 plaintiff brought this suit in which he alleged he was totally and permanently disabled and that he was entitled to medical benefits from his employer and the Second Injury Fund. The trial judge found the plaintiff had sustained a 6 percent impairment as a result of an on-the-job injury on May 27, 1994. The trial judge dismissed the suit as to the Second Injury Fund because the amount of the disability of the plaintiff from the current injury when combined with previous workers' compensation injuries did not exceed 1 percent permanent total disability. The plaintiff, in this appeal, says the trial court erred in not finding he was permanently and totally disabled as a result of the May 27, 1994 injury and in not awarding him benefits from the Second Injury Fund. The judgment of the trial court is affirmed. The treating physician, Dr. Robert E. Finelli, an orthopedic surgeon, testified the plaintiff had a ruptured disc at the L4-L5 vertebrae. Dr. Finelli did surgery on the plaintiff and treated him until September 2, 1994. Dr. Finelli returned the patient to work and found he had sustained a 1 - 12 percent permanent medical impairment as a result of the injury. The plaintiff had undergone two previous back surgeries and Dr. Finelli considered these in determining the medical impairment from the last injury. Dr. Finelli was of the opinion that if the plaintiff returned to heavy work he would be at risk for a possible ruptured disc. It was his further opinion that if he did medium work the risk of further back injury was low. Dr. Gilbert Hyde, an orthopedic surgeon, saw the plaintiff on July 28, 1995 for the purpose of evaluating his disability. Dr. Hyde found the plaintiff to be suffering a 22 percent medical impairment as a result of the injury of May 27, 1994. Dr. Hyde 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 11/25/97 | |
| State vs. Cecil C. Johnson, Jr.
01C01-9610-CR-00442
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/25/97 | |
| Tennessee Municipal League vs. Brook Thompson
01S01-9711-CH-00242
The ruling listed above is the Order regarding the "Tiny Towns" legislation. The full opinion will be published at a later date.
|
Supreme Court | 11/25/97 | ||
| Deborah Plunk vs. Edward Plunk
02A01-9702-CH-00040
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 11/24/97 | |
| State vs. Daniel Malone
W1999-01678-CCA-R9-CD
The Defendant was indicted for statutory rape and contributing to the delinquency of a minor. The District Attorney General denied the Defendant's application for pretrial diversion. The trial court subsequently granted pretrial diversion. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the trial court granted the State permission for an interlocutory appeal, and this Court allowed the State's appeal. On appeal, the State argues that the trial court erred in granting pretrial diversion. We agree that the trial court committed reversible error in granting pretrial diversion and remand to the circuit court for further proceedings.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:John F. Murchison |
Madison County | Court of Criminal Appeals | 11/24/97 | |
| State vs. Yeargan
01S01-9604-CC-00080
|
Supreme Court | 11/24/97 | ||
| State vs. Fredrick Sledge
02C01-9405-CR-00089
Originating Judge:Joseph B. Mccartie |
Shelby County | Court of Criminal Appeals | 11/24/97 | |
| Carl Nelson vs. Harold Eugene Martin & Jack W. Gammon
02S01-9604-CV-00036
|
Supreme Court | 11/24/97 | ||
| State vs. Yeargan
01S01-9604-CC-00080
|
Supreme Court | 11/24/97 | ||
| Cindy Stubbs vs. Woodrow Stubbs
02A01-9703-CH-00050
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 11/24/97 | |
| State vs. Anthony Paul Alderson
01C01-9611-CC-00461
Originating Judge:James L. Weatherford |
Maury County | Court of Criminal Appeals | 11/21/97 | |
| State vs. Michael Addison
02C01-9503-CR-00078
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Timothy Redd
01C01-9608-CC-00342
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Terrell Cowans
02C01-9610-CC-00359
|
Henry County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Danny Horn
01C01-9606-CC-00256
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Ronald Tyler
02C01-9706-CC-00216
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 11/20/97 | |
| State vs. David Palmer
01C01-9607-CR-00285
|
Davidson County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Anthony Cuttle
02C01-9605-CR-00153
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Ray Taylor
02C01-9611-CR-00424
|
Shelby County | Court of Criminal Appeals | 11/20/97 | |
| Zanetis vs. McMackin
01A01-9705-CV-00203
Originating Judge:William C. Koch |
Court of Appeals | 11/19/97 | ||
| Alexander Friedmann, v. Charles Bass, et al.
01A01-9707-CH-00331
This appeal involves a prison disciplinary proceeding. After being found guilty of engaging in an unauthorized monetary transaction, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County alleging that the disciplinary proceeding violated his due process rights. The trial court granted the prison officials’ motion for summary judgment and dismissed the petition on the ground that the petitioner had failed to make out a due process claim as a matter of law. We affirm the summary judgment in accordance with Tenn. Ct. App. R. 10(b).1
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/19/97 | |
| Nilsen vs. Black
01A01-9705-CH-00212
Originating Judge:Alex W. Darnell |
Montgomery County | Court of Appeals | 11/19/97 | |
| Lemasters vs. Ross
01A01-9702-CV-00070
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 11/19/97 | |
| Mitchell vs. Reno
01A01-9605-CV-00226
Originating Judge:Robert E. Corlew, III |
Cannon County | Court of Appeals | 11/19/97 | |
| Friedmann vs. Bass
01A01-9707-CH-00331
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 11/19/97 |