Rainey v. Oak Ridge
03S01-9607-CV-00077
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. James B. Scott, Jr.,
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 alleged that on February 15, 1994, during the course of his employment as a janitor, he suffered a lumbar strain while lifting a trash barrel which resulted in permanent, partial disability. As the case unfolded it developed that the plaintiff had a job-related injury in 1979, requiring surgery, for which he received an award for 21.25 percent permanent partial disability. The medical proof established that the 1994 lifting incident aggravated a long- standing disc problem to the extent of causing some nerve irritation but no anatomical changes. The treating orthopedic physician, Dr. Fred Killeffer, testified that the plaintiff had a four percent impairment attributable to the 1994 accident, but opined that he should not continue to work as a painter or custodian. The defendant offered the plaintiff continued employment at the same wages, with an accommodation for the restrictions recommended by his physician. The plaintiff testified that he attempted to work but could not do so within the lifting restrictions. The trial judge found that the plaintiff was unable to return to his former employment and awarded him "six times his aggravation of a pre-existing condition which is 24 percent to the body as a whole." We assume this finding is intended to mean six times the impairment of four percent attributable to the 1994 injury. The plaintiff appeals, insisting that his entitlement should not have been limited to six times his impairment because he met three of the four criteria set forth in Tenn. Code Ann. _ 5-6-242 and thus should have been awarded a greater degree of disability. Pursuant to the provisions of Tenn. Code Ann. _ 5-6-242, a trial court may award an employee permanent partial disability benefits in excess of the maximum disability allowed by applying the multiplier but not to exceed 4 weeks. In such cases, there must be clear and convincing evidence to support at least three of the following four criteria: 2

Evelyn Campbell, a/k.a Elvin Campbell, Erma Dorton and Edria Humphrey, vs. Union Planters Bank , Formerly Commerce Federal Savings Bank
E1999-01910-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Kindall T. Lawson
In this action to recover on two certificates of deposit against the bank, the Trial Judge directed a verdict in favor of the plaintiffs after sustaining an objection to the bank's attempt to offer its business records in evidence. The bank has appealed, and we reverse and remand for a new trial.

Jantice L. West v. Nashville Tent & Awning Company, Inc. and General Accident Insurance Company
01S01-9501-CH-00008
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Irvin H. Kilcrease,
This case is before the Court upon a motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion affirming the dismissal of the plaintiff's claim for workers' compensation benefits on the grounds that it was untimely under the statute of limitations.

Gilley vs. Culpepper
01A01-9611-CH-00521
Trial Court Judge: Ellen Hobbs Lyle

Estate of Jane & John Doe vs. Vanderbilt Univ., et. al.
01A01-9609-CV-00429
Trial Court Judge: Hamilton V. Gayden, Jr.

Gregory Thompson vs. State
01C01-9506-CC-00180
Trial Court Judge: William H. Russell

State vs. Terry Dominy
01C01-9512-CC-00404
Trial Court Judge: Jim T. Hamilton

State vs. Terry Dominy
01C01-9512-CC-00404
Trial Court Judge: Jim T. Hamilton

Gilley vs. Culpepper
01A01-9611-CH-00521
Trial Court Judge: William C. Koch

State vs. Rickey Coleman
01C01-9604-CC-00139
Trial Court Judge: Jim T. Hamilton

State vs. Robert Sowell
01C01-9603-CR-00087

State vs. Basil Mathis
01C01-9605-CC-00186
Trial Court Judge: Robert E. Burch

State vs. Tyree Austin
01C01-9605-CC-00187

Rick Vaulton vs. State
01C01-9606-CR-00276

01C01-9606-CR-00243
01C01-9606-CR-00243

William Jones vs. Jack Morgan, et al
01C01-9606-CC-00263
Trial Court Judge: Hamilton V. Gayden, Jr.

State vs. Derek Manns
02C01-9410-CC-00209

Carroll vs. State
03C01-9603-CR-00139

Williams v. Sweetwater
03S01-9607-CH-00084
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Earl H. Henley,
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. Plaintiff alleged a work-related aggravation of a pre-existing non-work-related back condition. She alleged that medical expenses and temporary total disability benefits had been paid by the employer but sought permanent partial disability, future medical expenses and discretionary costs. The trial court found that the temporary aggravation of her back condition had resolved with no permanent impairment and awarded no future benefits. We affirm the judgment of the trial court. Plaintiff, a registered nurse, injured her back at home in June, 1992. Dr. David Hauge, orthopedic surgeon, performed lumbar disk surgery at L4-L5 on November 19, 1992 and returned plaintiff to work the following January with lifting restrictions. Plaintiff alleged that on January 25, 1993, she re-injured her back while lifting a patient at work. Dr. Hauge placed her on temporary total disability for three weeks and treated her conservatively, after which she returned to work again. Dr. Hauge opined that 2 percent of patients who have disk surgery experience recurrent herniations of the same disk. There are various causes of such recurrences, some related to the surgery itself and some which are due to just normal activity. He could not state within reasonable medical certainty whether or not plaintiff's recurrent herniation was work-related. Dr. Hauge opined that the original, non-work-related injury resulted in eleven percent permanent partial disability to the body as a whole: "I would state that the 11% impairment to the body . . . is a result of the injury she sustained in June, 1992 and her subsequent surgery. The percentage impairment this patient has did not change as a result of the January, 1993 incident, although it certainly can be argued that she was much more likely to have an aggravation requiring medical treatment because of the existence of this previous problem." Our review of the findings of fact made by the trial court is de novo upon the 2

Petitioner'S Conviction Is Void. See Archer v. State, 851 S.W.2D 157, 164 (Tenn. 1993).
02C01-9612-CC-00477

State vs. Michael Henry
02C01-9611-CC-00382
Trial Court Judge: William B. Acree

Moore vs. Tate
03A01-9611-CV-00350

Nationsbank vs. JDRC
03A01-9607-CH-00226

State vs. Lee
03C01-9607-CR-00277
Trial Court Judge: Richard R. Baumgartner

Grimsley vs. State
03C01-9701-CR-00017
Trial Court Judge: Douglas A. Meyer