Cannon vs. March
M1999-02123-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: C. K. Smith

El Ahkeen vs. Tony Parker
W1998-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joseph H. Walker, III

Lisa Norton vs. Max Norton
W1999-02176-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joe C. Morris

Robert Stewart vs. Lynda Stewart
W1999-02185-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris

Lillie Mays vs. Fred's Inc.
W1999-02189-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: George H. Brown

Tommie Faye Burnette v. Olan Mills, Inc.
03S01-9807-CH-00081
Authoring Judge: John K. Byers, Sr. J.
Trial Court Judge: Hon. Van Owens
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff alleged she suffered from an occupational illness, to wit, reactive airways disease. The trial judge found the plaintiff did not have an industrial illness but that she had asthma, bronchitis and emphysema, which was aggravated by the conditions under which she worked. The trial judge found the plaintiff had sustained a 6% whole body disability as a result of the aggravation of her pre-existing condition. The defendant says the evidence does not support the finding and further claims the plaintiff failed to give notice of her injury as required by TENN. CODE ANN. _ 5-6-35. We affirm the judgment of the trial court.

Edward Ray Howell, Jr. v. Php Companies, Inc. and Tennessee Department of Labor, Second Injury Fund
03S01-9809-CH-00108
Authoring Judge: Hon. Frederick D. Mcdonald, Chancellor
Trial Court Judge: Hon. Frederick D. Mcdonald,
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 employee, Edward Ray Howell, Jr., has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor found that the injury in question did not aggravate his previous physical condition to the extent of constituting an anatomical change as a result of the accident. Plaintiff was 39 years of age and was employed as a mail sorter for defendant, PHP Companies, Inc. In this appeal he contends he was injured on September 3, 1996, while lifting a large bag of mail out of the trunk of his supervisor's automobile. He sought a determination that he was totally disabled claiming both physical and mental injuries. Prior to the incident in 1996, he had sustained numerous injuries to his body and some were work-related. During this prior period of time, he was also seen and treated for psychiatric problems which resulted in hospitalization during 1992. The following would generally summarize his prior physical problems: In 1985 or 1986, he suffered neck and back injuries as a result of an auto accident; in 1988 he sustained a work-related injury to his right shoulder resulting in 3% disability award; in 1989 he sustained injuries to his left femur, right knee and facial injuries from an auto accident; in 199 he slipped and fell while at work for another employer and was awarded 1% disability; in 1991 he began having problems with his left shoulder which resulted in surgery being performed in 1992; in 1993 he sustained injuries to his neck and back in an auto accident; and in 1996, prior to the incident in question, he injured his right arm and shoulder by falling at a Burger King restaurant, which resulted in surgery shortly after the incident in question. Plaintiff testified that he had total of 26 surgical procedures for various problems prior to the September 3, 1996 accident and three surgical procedures (knee injuries, right shoulder and left shoulder) after the event. The evidence is quite clear that after receiving the 1% award of disability for the 199 injury, he entered a rehabilitation program and over a period of time 2

James Nay v. Resource Consultants, Inc. and The Hartford Accident Indemnity Co.
M1996-00016-WC-R3-CV
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Irvin H. Kilcrease
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.

Lisa Jo Phillips v. Morton's Horticultural Products, Inc.
M1998-00206-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. Barry Medley

Kincaid vs. Kincaid
M1998-00529-COA-R3-CV
Trial Court Judge: Muriel Robinson

White vs. Vanderbilt
M1997-00105-COA-R3-CV
Trial Court Judge: Thomas W. Brothers

Marshall vs. Jackson & Jones Oils, Inc.
M1997-00104-COA-R3-CV
Trial Court Judge: J. S. Daniel

Board of Trustees of the Sumner County Employees' Trust Fund on Behalf of the Sumner County Employees' Trust, Co. v. Ruby Graves and son Jerry D. Graves
M1997-00069-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Judge Thomas Goodall

This appeal involves a dispute over the obligation of a member of a group health insurance plan to reimburse the plan for medical payments made on behalf of the member’s dependent. The plan’s administrator requested the member and her dependent to reimburse the plan for the medical payments after discovering that the dependent had received a financial settlement from the person who caused the dependent’s injuries. When the member and the dependent refused to reimburse the payments, the plan filed suit in the Circuit Court for Sumner County against both parties. The trial court granted the plan’s motion for summary judgment and ordered both the member and her dependent to reimburse the plan for medical payments. We have determined that the plan was not entitled to a judgment as a matter of law against the member and accordingly vacate the summary judgment against her.

Cantrell vs. In the Matter of: Estate of Jerry A. Cantrell
M1998-00536-COA-R3-CV
Trial Court Judge: Russell Heldman

Brown vs. Brown
M1998-00554-COA-R3-CV
Trial Court Judge: Buddy D. Perry

State vs. Michael Carroll
W1998-02099-CCA-R3-CD
Trial Court Judge: John Franklin Murchison

State vs. Gregory Battles
W1998-00558-CCA-R3-CD
Trial Court Judge: C. Creed Mcginley

State vs. William Wagner
W1998-00552-CCA-R3-CD
Trial Court Judge: Whit A. Lafon

State vs. Debra Trotter
W1998-00553-CCA-R3-CD

W1998-02016-CCA-R3-CD
W1998-02016-CCA-R3-CD
Trial Court Judge: Arthur T. Bennett

State vs. Otis Armstrong
W1999-02068-CCA-R3-CD
Trial Court Judge: Carolyn Wade Blackett

State vs. Jimmy Robinson
W1999-01884-CCA-R3-CD

W1999-01893-CCA-R3-CO
W1999-01893-CCA-R3-CO
Trial Court Judge: Roy B. Morgan, Jr.

Dianne Dobson/Husband vs. State
W1999-02014-COA-R3-CV

State vs. Tom Moore
W1998-00579-CCA-R3-PC
Trial Court Judge: Thomas T. Woodall