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| Kenneth Steele vs. State
01C01-9703-CC-00105
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 03/18/98 | |
| Belinda Dunlap v. Nagle Industries
01S01-9707-CV-00153
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. The appellant contends the evidence preponderates against the trial court's award of permanent partial disability benefits based on twenty-five percent to the body as a whole. As discussed below, the panel has concluded the judgment should be modified and affirmed. At the time of the trial, the employee or claimant, Belinda Dunlap, was forty-one years old and a high school graduate. She worked for the employer, Nagle Industries, on its production line from approximately July, 1991 until September 11, 1992, when she reported to the employer that she was experiencing pain in her right hand after operating a drill press. She was sent to see Dr. Dave Alexander on September 14, 1992. Dr. Alexander initially excused her from work for approximately two and one-half weeks. Three days later, the doctor released her to return to light duty, but she did not return until September 22. Upon her return, she continued to complain of wrist pain and asked to be referred to another doctor. She was allowed to leave work and referred to Dr. Cooper Beazley, who released her to return to left hand work only. There is a factual dispute as to her reason for not performing the work offered. She has since begun working for, apparently, another employer. At the trial, Dr. Beazley testified that he found no abnormality and no permanent impairment. Dr. Larry Laughlin, who examined her at the employer's request, found a normal range of motion and function in the claimant's right elbow, wrist, hand and fingers. Additionally, the claimant was treated by Dr. Winston Griner and evaluated by Dr. Lloyd Walwyn. Dr. Griner diagnosed right carpal tunnel syndrome from repetitive use of the right hand and assessed a permanent impairment rating of fifteen to twenty percent to the right upper extremity. Dr. Walwyn made a similar diagnosis and assessed twenty percent to the right upper extremity, from loss of grip strength in her dominant hand. Both assessments were based on appropriate guidelines. The trial court awarded, inter alia, permanent partial disability benefits based on twenty-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 fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Under the Tennessee Workers' Compensation Law, injuries by accident arising out of and in the course of employment which cause either disablement or death of the employee are compensable. Reeser v. Yellow Freight Systems, Inc., 938 S.W.2d 69 (Tenn. 1997). Compensation benefits are payable for the number of weeks established by a statutory schedule of the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Robert E. Burch, |
Houston County | Workers Compensation Panel | 03/18/98 | |
| State vs. Richard Sawyer
01C01-9705-CC-00199
Originating Judge:Buddy D. Perry |
Franklin County | Court of Criminal Appeals | 03/18/98 | |
| State vs. Daniel Taylor
02C01-9703-CR-00091
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 03/18/98 | |
| State vs. Moore
02C01-9701-CR-00035
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/18/98 | |
| State vs. Brian Felts
01C01-9701-CC-00006
Originating Judge:Allen W. Wallace |
Houston County | Court of Criminal Appeals | 03/17/98 | |
| Dicks vs. State
03C01-9606-CC-00231
Originating Judge:William H. Inman |
Greene County | Court of Criminal Appeals | 03/17/98 | |
| State vs. Applegate
01C01-9608-CR-00370
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 03/17/98 | |
| State vs. Smith
03C01-9705-CR-00180
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 03/17/98 | |
| Harry Luther vs. Billy Compton, et al
02A01-9710-CV-00253
Originating Judge:Jr. |
Lake County | Court of Appeals | 03/17/98 | |
| Lorrie Murphy vs. Jessica Chadwell
02A01-9705-CV-00105
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 03/17/98 | |
| State vs. Franklin Campbell
01C01-9701-CR-00012
|
Davidson County | Court of Criminal Appeals | 03/17/98 | |
| Farrah vs. State
01C01-9712-CC-00573
|
Bedford County | Court of Criminal Appeals | 03/17/98 | |
| Cynthia Phillips vs. Francis Perot
02A01-9704-CV-00094
Originating Judge:J. Steven Stafford |
Dyer County | Court of Appeals | 03/17/98 | |
| Cynthia Phillips vs. Francis Perot
02A01-9704-CV-00094
|
Court of Appeals | 03/17/98 | ||
| State vs. Wanda Zaid
01C01-9703-CC-00081
Originating Judge:Thomas W. Graham |
Grundy County | Court of Criminal Appeals | 03/17/98 | |
| State vs. Jerry Mullican
01C01-9607-CC-00282
|
Williamson County | Court of Criminal Appeals | 03/17/98 | |
| Dicks vs. State
03C01-9606-CC-00231
|
Greene County | Court of Criminal Appeals | 03/17/98 | |
| James M. Grosch
M1999-00239-CCA-R3-PC
|
Coffee County | Court of Criminal Appeals | 03/17/98 | |
| Swafford, M.D., vs. Harris, et. al.
01S01-9612-FD-00248
|
Supreme Court | 03/16/98 | ||
| 03S01-9704-CV-00037
03S01-9704-CV-00037
|
Supreme Court | 03/16/98 | ||
| Rosemary Liszeski v. Athens Furniture Inc.
03S01-9703-CH-00035
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 trial judge found the plaintiff's husband had died as the result of a heart attack while in the course and scope of his employment and awarded her survivors benefits under the Workers' Compensation Act. We reverse the judgment of the trial court and dismiss the case. Thomas Liszeski, the husband of the plaintiff, suffered a heart attack on August 1, 1995 while working in the furniture factory of the defendant. Mr. Liszeski died as a result of this on August 13, 1995. No one was with Mr. Liszeski when he suffered the heart attack. He was found lying on the floor with a wound to his head. At the time of the event, Mr. Liszeski was 47 years of age. His work consisted of operating a machine known as a router. The employee would lift a piece of wood that weighed less than eight ounces and place it on the machine to be cut. He would then stack the cut pieces into a pile. There is, as is usual in cases of this nature, conflicting evidence amongst witnesses as to facts surrounding the event. These touch not only the condition of the employee before the event but also the circumstances and conditions surrounding his work. The defendant offered testimony from a fellow employee of the deceased that the employee's wife said her husband was not feeling well prior to going to work and that he complained of pain in his chest. There was further testimony from fellow employees who testified the deceased did not look well before going to work and that the deceased said he did not feel well. The plaintiff denied that she had said the deceased was not feeling well prior to going to work. Beyond this, the plaintiff called witnesses who testified they were present when the plaintiff talked to a fellow employee of the deceased and that they did not hear the plaintiff say the deceased was not feeling well. The evidence in this record shows the work being done by the deceased was not strenuous work. The environmental evidence shows the ambient or outside 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 03/16/98 | |
| In re: Francis E. Dichtel
01S01-9506-BP-00101
|
Supreme Court | 03/16/98 | ||
| State of Tennessee v. Adarryl Devon Brooks
W1999-00632-CCA-R3-CO
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 03/14/98 | |
| Northland Ins. Co. vs. State
M1998-00307-SC-R11-CV
The issue in this case is whether the Tennessee Claims Commission has subject matter jurisdiction over a claim against the State of Tennessee for contribution and indemnity. The jurisdiction of the Claims Commission is set forth in Tennessee Code Annotated section 9-8-307. That statute allows for suits against the State in the Claims Commission alleging that state employees have maintained a dangerous condition on a state maintained highway. The statute, however, does not mention contribution and indemnity suits as part of the Commission's jurisdiction. Because of the principle that a waiver of sovereign immunity must be clear and unmistakable, we conclude that the State has not consented to hear contribution and indemnity claims. We therefore affirm the Court of Appeals' decision dismissing the appellant's claim.
Authoring Judge: Justice Frank F. Drowota, III
|
Davidson County | Supreme Court | 03/14/98 |