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| 01S01-9507-CV-00102
01S01-9507-CV-00102
|
Supreme Court | 11/25/96 | ||
| Terry Campbell v. Old Republic Insurance Company
01S01-9511-CH-00213
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart, Chancellor |
Campbell County | Workers Compensation Panel | 11/25/96 | |
| City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073
Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.
Authoring Judge: Judge J. Alan Highers
|
Jackson County | Court of Appeals | 11/25/96 | |
| Brenda Bailey Loyd, v. Wendell Ray Loyd
02A01-9504-CH-00084
This case involves contempt proceedings brought against Wendell Ray Loyd (“Husband”) by Brenda Bailey Loyd (“Ex-Wife”) for failure to pay alimony. The trial court found that Husband did not have the present ability to pay and therefore could not be incarcerated for contempt. We reverse and remand for further proceedings.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 11/25/96 | |
| Rebecca Caldwell v. Kelly Services, Inc. and Continental Casualty Company
03S01-9603-CH-00022
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 employer contends the evidence preponderates against an award of permanent partial disability benefits. The panel concludes the award of permanent partial benefits should be reversed. On September 1, 1994, the employee or claimant, Caldwell, an employee of Kelly Services, was sent to work at Moore's Quality Snack Foods. While working there, she slipped and fell, landing on her hand and arm. After receiving emergency care at the emergency room of a hospital, she was referred to Dr. Michael Lady, who diagnosed tenosynovitis and prescribed a splint and rest from work until her bruising and swelling subsided. On October 19, 1994, the claimant, while visiting a relative in Louisiana, saw Dr. Steiner, and orthopedic surgeon. Dr. Steiner eventually released her to return to work without any restrictions or permanent impairment. She did. On December 2, 1994, she left work because her injured arm was hurting. The next day, she revisited Dr. Lady, who prescribed a wrist splint, medication and rest. The doctor continued to treat her conservatively. His testimony by deposition included the following relevant questions and answers: Q. Okay. Now, Dr. Lady, based upon the American Medical Association guidelines, do you have an opinion which is also based upon a reasonable degree of medical certainty as the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Joe C. Loser, Jr., Judge |
Knox County | Workers Compensation Panel | 11/25/96 | |
| Anne H. Lawrence v. Itt Hartford Insurance Company
01S01-9511-CH-00199
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. Robert Brandt |
Lawrence County | Workers Compensation Panel | 11/25/96 | |
| Ernest O. Wood v. Aluminum Corporation of America
03S01-9601-CV-00007
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. Fairly stated, the issues in this appeal are whether the employee should have been awarded permanent partial disability benefits and additional temporary total disability benefits. The panel has concluded the judgment should be affirmed. The employee or claimant, Wood, is a high school graduate who has worked for the employer, ALCOA, since approximately 1971. On June 7, 1991, while at work, he fell from the top of a tray of carbons, landing on his right side and injuring his right elbow, shoulder and hip. He continued working for the employer, while being conservatively treated for a torn right rotator cuff, until August 15, 1991. The injury was surgically repaired September of the same year and the employee returned to work for the employer on or about May 8, 1992 with minor restrictions. He was laid off six weeks later and has not worked since July 6, 1992. Because of other illnesses, he is receiving disability retirement benefits. He has received temporary total disability benefits for the time he lost from work before the layoff. He has also received medical benefits as required under the workers' compensation law. The medical proof as to whether the claimant's disability is causally related to his injuries is speculative and equivocal. In separate litigation, he claims to be disabled from asbestos-related lung disease. The trial judge disallowed the claim for disability workers' compensation benefits for insufficient proof that the disability is causally related to the injury at work. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. W. Dale Young, |
Knox County | Workers Compensation Panel | 11/25/96 | |
| Amy Ferrell Robinson Manufacturing Company and Argonaut Insurance Company
01S01-9512-CH-00224
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. JEFFREY F. STEWART |
Grundy County | Workers Compensation Panel | 11/25/96 | |
| 01C01-9602-CR-00061
01C01-9602-CR-00061
|
Davidson County | Court of Criminal Appeals | 11/22/96 | |
| 01C01-9508-CC-00251
01C01-9508-CC-00251
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 11/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Sevier County | Court of Appeals | 11/22/96 | |
| 03A01-9606-CH-00186
03A01-9606-CH-00186
|
Monroe County | Court of Appeals | 11/22/96 | |
| 03A01-9603-CV-00080
03A01-9603-CV-00080
|
Scott County | Court of Appeals | 11/22/96 | |
| Quincy L. Love v. State of Tennessee
W2002-02081-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 11/21/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| State vs. Curtis R. Sparks
M1999-01330-CCA-R3-CD
The defendant, Curtis R. Sparks, was convicted of sale of cocaine over .5 grams. The jury assessed a fine of $2,000. The trial court imposed a Range I sentence of nine years. In this appeal of right, the defendant contends that the sentence is excessive and that the trial court should have granted an alternate, community-based sentence. Because the defendant was clearly untruthful in much of his testimony and demonstrated little indication of rehabilitation, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Cornelia A. Clark |
Perry County | Court of Criminal Appeals | 11/21/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/21/96 | ||
| Joe Rines v. Mahle, Inc. and Royal Insurance Company
03S01-9509-CV-00101
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. This appeal results from the refusal of the trial court to modify a judgment entered April 2, 1993 that the employee sustained no permanent disability as a result of a job-related injury in 199 but was entitled to future medical expenses associated with any spinal fusion he elected to undergo. The petition to modify was filed November 23, 1994. The plaintiff alleged that he "has increased disability from surgery performed by Dr. Wallace over and above that which he had when this matter was previously heard." The defendants [hereafter "employer"] moved to dismiss, alleging that the "Court has no jurisdiction to entertain the Petition filed on behalf of the plaintiff or to award him any relief and, further, that neither the provisions of T.C.A. _ 5-6-231 nor of Rule 6.2, TENN. R. CIV. P., are applicable herein." Thereafter, the plaintiff announced that he was relying exclusively upon T.C.A. _ 5-6-231, which provides: 5-6-231. Lump payments final -- Modification of periodic payments for more than six months. -- All amounts paid by employer and received by the employee or the employee's dependents, by lump sum payments, shall be final, but the amount of any award payable periodically for more than six (6) months may be modified as follows: (1) At any time by agreement of the parties and approval by the court; or (2) If the parties cannot agree, then at any time after six (6) months from the date of the award an application may be made to the courts by either party, on the ground of increase or decrease of incapacity due solely to the injury. In such cases, the same procedure shall be followed as in _ 5-6-225 in case of a disputed claim for compensation. The trial court granted the motion to dismiss, holding that since there was no "award payable periodically for more than six (6) months" the statute was inapplicable. On appeal the plaintiff argues that the award of future medical expenses qualifies as an "award payable periodically" within the purview of the statute, as contrasted to the argument of the employer that "an award payable periodically"
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William L. Jenkins |
Knox County | Workers Compensation Panel | 11/20/96 | |
| 01A01-9604-CH-00178
01A01-9604-CH-00178
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/20/96 | |
| 01A01-9603-CV-00108
01A01-9603-CV-00108
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 11/20/96 | |
| 03C01-9508-CC-00232
03C01-9508-CC-00232
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/20/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 11/20/96 | ||
| Alphonso Bradford v. State of Tennessee
M1998-00078-CCA-MR3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/20/96 | |
| 01A01-9602-CH-00086
01A01-9602-CH-00086
|
Davidson County | Court of Appeals | 11/20/96 |