APPELLATE COURT OPINIONS

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01CO1-9605-CC-00197

01CO1-9605-CC-00197
Robertson County Court of Criminal Appeals 05/21/97
Marilyn Morgan vs. Velma McCrory

02A01-9604-CV-00072

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 05/20/97
Deborah Tuggle vs. Shelby Co. Government, et al

02A01-9606-CV-00147

Originating Judge:George H. Brown
Shelby County Court of Appeals 05/20/97
02C01-9509-CC-00259

02C01-9509-CC-00259
Lauderdale County Court of Criminal Appeals 05/20/97
Tommye Johnson vs. Edward Johnson, Sr.

02A01-9609-Cv-00217

Originating Judge:George H. Brown
Shelby County Court of Appeals 05/20/97
State vs. Nail

03C01-9406-CR-00197

Originating Judge:Paul A. Swafford
Rhea County Court of Criminal Appeals 05/19/97
State vs. Johnson

03C01-9606-CC-00214

Originating Judge:E. Eugene Eblen
Loudon County Court of Criminal Appeals 05/19/97
State vs. Beeler

03C01-9607-CC-00264

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 05/19/97
State vs. Lowery

03C01-9604-CC-00146

Originating Judge:William R. Holt
Jefferson County Court of Criminal Appeals 05/19/97
State vs. Maurice Garner

02C01-9508-CR-00223

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 05/19/97
State vs. Henry Eugene Hodges

01S01-9505-CR-00080
Davidson County Supreme Court 05/19/97
State vs. Christopher Prentiss

02C01-9604-CR-00112

Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 05/19/97
State vs. Teague

03C01-9601-CC-00027
Blount County Court of Criminal Appeals 05/19/97
Kite vs. Kite

03S01-9610-CH-00099
Supreme Court 05/19/97
03C01-9311-CR-00363

03C01-9311-CR-00363

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 05/19/97
Stein vs. Davidson Hotel Company

01S01-9610-CV-00202
Davidson County Supreme Court 05/19/97
Naomi Gentry v. Lumbermens Mutual Co., et al.

01S01-9608-CH-00165
Authoring Judge: William H. Inman, Senior Judge
Smith County Workers Compensation Panel 05/16/97
01C01-9601-CR-00041

01C01-9601-CR-00041
Davidson County Court of Criminal Appeals 05/16/97
01C01-9603-CR-00084

01C01-9603-CR-00084
Davidson County Court of Criminal Appeals 05/16/97
Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.

01S01-9608-CH-00164
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, age 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle,
Franklin County Workers Compensation Panel 05/16/97
01C01-9508-CR-00264

01C01-9508-CR-00264
Davidson County Court of Criminal Appeals 05/16/97
Vowell Ventures vs. The City of Martin

02A01-9604-CH-00090

Originating Judge:William B. Acree
Weakley County Court of Appeals 05/16/97
Nancy Olivieri vs. Paul Oliveri

02A01-9512-CV-00282
Court of Appeals 05/16/97
State vs. John Childress

02C01-9605-CC-00154

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 05/16/97
01C01-9606-CC-00257

01C01-9606-CC-00257
DeKalb County Court of Criminal Appeals 05/16/97