State vs. Sheila Kay Cooper E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James B. Scott, Jr.
Anderson
Court of Criminal Appeals
Jacob E. Warren v. American Holding Company d/b/a M1999-00012-WC-R3-CV
Authoring Judge: Tom E. Gray, Sp. J.Drowota, J.
Trial Court Judge: John J. Maddux, Jr., Judge
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 a hearing and reporting of finding of fact and conclusions of law to the SupremeCourt. The sole issue on appeal is whether the trial court's award of 4 weeks of permanent total disability benefits is contrary to Tenn. Code Ann. _ 5-6-27(4)(A)(i), which cuts off permanent total benefits when the worker reaches 65 years of age provided the compensable injury occurred before the workerreached age 6. We hold that the trial court's award of 4 weeks exceeds the number of weeks payable under Tenn. Code Ann. _ 5-6-27(4)(A)(i). For the reasons set forth below, the judgment of the trial court is modified to reflect an award of 195 weeks of permanent total disability benefits. Tenn.R.App.P. 3 Appeal as of Right; Judgment of the Trial Court Modified TOM E. GRAY, SP. J.DROWOTA, J., in which FRANK F. DROWOTA, III, J. and SAMUEL L. LEWIS, SP. J., joined. Bryan Essary, Nashville, Tennessee, for the appellant, American Holding Company d/b/a Wilson Sporting Goods, and Lumbermens Mutual Casualty Company. Ronald Thurman, Cookeville, Tennessee, for the appellee, Jacob E. Warren. OPINION 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 a -2-
Warren
Workers Compensation Panel
State vs. Dennis Ray Gilliland M1997-00072-SC-R11-CD
Authoring Judge: Justice William M. Barker
Trial Court Judge: Allen W. Wallace
Dickson
Supreme Court
Bean vs. Bean M1999-01822-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Robert L. Holloway
In the appeal of this divorce case, the Court dismissed the appeal for failure of appellant to substantially comply with T.R.A.P. Rule 27 and Court of Appeals Rules 6 and 15.
James R. Rosenthal, Sr. v. City of Dyersburg, et al. W1999-02699-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: R. Lee Moore, Judge
This is an appeal by James R. Rosenthal, Sr., a police officer for the City of Dyersburg, Tennessee, who brought two suits against the City of Dyersburg and the Tennessee Municipal League Risk Management Pool for workers' compensation benefits. One suit was filed July 16, 1996, against the defendants alleging that the plaintiff had sick sinus syndrome that developed as a result of his employment for the City of Dyersburg. Another suit was filed on September 19, 1997, alleging that the plaintiff had vasodepressor syncope that grew out of his employment. In both cases, the plaintiff alleges that Tennessee Code Annotated _ 7-51-201, hereinafter quoted, is applicable. These two cases were consolidated for trial and treated by both parties and the trial judge as one case. The trial court found in favor of the defendants, holding that the plaintiff was permanently and totally disabled but that the evidence did not establish that Tennessee Code Annotated _ 7-51-201 was applicable. The court also found that the plaintiff failed to bear the burden of proof in establishing that he sustained an accidental injury growing out of and in the course of his employment. In his only issue, the plaintiff says that the trial court erred in holding that he is not entitled to the presumption of causation afforded by Tennessee Code Annotated _ 7-51-201. We find that the judgment of the trial court must be affirmed.
Dyer
Workers Compensation Panel
Sandra Warren v. American Alliance Insurance W1999-02695-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Joe C. Morris, Chancellor
This is an appeal by the employer, Premier Manufacturing Corporation, and its insurer, American Alliance Insurance Company, from an award in favor of the plaintiff, Sandra Warren, based upon a finding that the plaintiff had a work-related permanent partial disability of 39 percent to the body as a whole. The trial court found that the plaintiff had pre-existing spondylolisthesis, which was asymptomatic until the work injury of April 23, 1998, and which was exacerbated and advanced to the point of making it symptomatic. The chancellor held that the two and one-half (2.5) times cap established in Tennessee Code Annotated _ 50-6-241(a)(1) applied in this case. In two issues, the defendant argues that: (1) the evidence preponderates against the trial court's finding that the plaintiff's injuries were compensable; and (2) the evidence preponderates against the trial court's holding that the plaintiff had a permanent partial vocational disability of 39 percent to the body as a whole. We find that the judgment of the trial court is affirmed as modified.
Warren
Workers Compensation Panel
Cline vs. Cline M1999-00811-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Donald P. Harris
Williamson
Court of Appeals
State vs. Fred Hegwood, Jr. M1999-00781-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Donald P. Harris
Deborah Smit v. Piccadilly Cafeteria, Inc. 03S01-9903-CV-00035
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. R. Jerry Beck
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 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 trial court found the plaintiff sustained an accidental injury_repetitive stress injury to the rotator cuff of her right shoulder_while in the course and scope of her employment rendering her unable to work as of August 5, 1997, and that the defendant received timely notice of the injury on January 19, 1998. The trial court set the plaintiff's workers' compensation benefit at $257.83 per week and found a 66% permanent partial disability to the body as a whole. The trial court further awarded temporary total disability benefits for 68 weeks and 3 days, medical expenses of $11,711.98, discretionary costs of $1,56.8, and 2% of the plaintiff's attorney fees. We affirm the judgment of the trial court.
Smith
Workers Compensation Panel
State vs. Nick Holscher M1999-00448-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Seth W. Norman
