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| Lunsford v. Shaw
03S01-9607-CH-00078
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 issue in this case involves the enforcement of payment of post-trial medical expenses. The trial court found the employer, Shaw Industries, Inc., in contempt for unreasonable delay in paying post-judgment medical expenses. The only sanction the court imposed was an award of attorney's fees to the employee, Clark Vann Lunsford, as the hearing revealed the medical expenses originally in dispute were paid shortly prior to the hearing. The parties originally settled the workers' compensation claim by entry of an order on November 3, 1994, which provided for an award based on 4% permanent partial disability to the body as a whole. The order then provided the employer would pay "reasonable and necessary medical expenses for which it is liable to date and in the future." A petition for contempt was filed on October 1, 1995, alleging that during March, 1995, the employee was hospitalized in Bozeman, Montana and incurred medical expenses in the amount of $5,452.3 and that the employer's refusal to pay these expenses was a violation of the court's order. After a hearing on this issue, the Chancellor found there had been an unreasonable delay in paying the expenses and the delay violated the final judgment. The record indicates that a hearing had not been conducted prior to the contempt hearing to determine whether the medical expenses were the responsibility of the employer. On appeal the employer insists the employee should have filed a motion or petition requesting the court to determine whether the medical expenses were causally related to the compensable injury and obtained an order directing the payment of the expenses before it would be proper to file a petition for contempt for failure to pay the expenses. In response to this contention, the employee contends the court's order did 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Howell N. Peoples, |
Knox County | Workers Compensation Panel | 07/01/97 | |
| Cyril v. Fraser
01C01-9511-CR-00370
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/30/97 | |
| Maurice Booker vs. State
01C01-9606-CC-00271
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/30/97 | |
| State vs. James Holloway
01C01-9608-CR-00330
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/30/97 | |
| Flanagan vs. Flanagan
03A01-9612-GS-00404
|
Court of Appeals | 06/30/97 | ||
| Jason Jermaine Dobbins vs. State
01C01-9703-CC-00113
|
Maury County | Court of Criminal Appeals | 06/30/97 | |
| James E. Peden vs. State
01C01-9509-CC-00298
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 06/30/97 | |
| State vs. Jerome Patrick Lyons
01C01-9603-CC-00119
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 06/30/97 | |
| State vs. Shawn Huff
01C01-9606-CC-00261
Originating Judge:Charles D. Haston, Sr. |
Court of Criminal Appeals | 06/30/97 | ||
| State vs. William Charles Jones
01C01-9512-CC-00402
|
Maury County | Court of Criminal Appeals | 06/30/97 | |
| William Lee Bramlett vs. State
01C01-9506-CC-00207
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Criminal Appeals | 06/30/97 | |
| 01C01-9603-CC-00107
01C01-9603-CC-00107
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 06/30/97 | |
| State vs. Christopher Langley
01C01-9402-CC-00038
Originating Judge:William B. Cain |
Maury County | Court of Criminal Appeals | 06/30/97 | |
| Wilson vs. Wilson
03A01-9610-CH-00322
|
Blount County | Court of Appeals | 06/30/97 | |
| State vs. Christopher Langley
01C01-9402-CC-00038
|
Court of Criminal Appeals | 06/30/97 | ||
| Cinda Kay Cantrell vs. James Clarence Cantrell & Marie Loya
01A01-9603-CV-00091
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 06/27/97 | |
| James Thigpen vs. First City Bank
01A01-9603-CV-00095
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 06/27/97 | |
| Emma Crowe vs. James Craig, et al
02A01-9612-CV-00297
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 06/27/97 | |
| Cannon vs. Cannon
03A01-9702-CV-00059
|
Blount County | Court of Appeals | 06/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 06/27/97 | ||
| Jere Rogers, et ux vs. Mark Davis, et al
02A01-9610-CH-00258
Originating Judge:Homer W. Bradberry |
Fayette County | Court of Appeals | 06/27/97 | |
| State vs. Gaylen Scott
02C01-9707-CC-00244
|
Hardin County | Court of Criminal Appeals | 06/27/97 | |
| Robert & Frances Pilgrim vs. Edward Frazier
02A01-9611-CV-00294
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Appeals | 06/27/97 | |
| Shava Lynn Kendrick vs. Larry Bert Kendrick
M2004-00540-COA-R3-CV
This case involves a father's efforts to protect his children from their mother's sexually abusive relatives. When the mother filed for divorce in the Chancery Court for Houston County, she also filed a notice of intent to relocate with the children to the State of New York to be closer to her family, including a stepfather who had sexually abused and raped her when she was a child. Following a bench trial, the trial court declared the parties divorced, designated the mother as the primary residential parent, and permitted the mother to move to the State of New York with the parties' children. The father has appealed, arguing first that the trial court's custody and relocation decisions have exposed the children to an unreasonable risk of sexual abuse and second, that the trial court erred by refusing to designate which of the parties should be permitted to claim the children as tax exemptions. We have determined that the trial court erred by allowing the mother and the children to move to the State of New York without sufficient proof regarding their safety. We have also concluded that the court erred by refusing to address the parties' tax exemption issues.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Leonard W. Martin |
Houston County | Court of Appeals | 06/26/97 | |
| State vs. Christopher Barham
02C01-9606-CC-00205
|
Madison County | Court of Criminal Appeals | 06/26/97 |