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
In the Matter of C.D.B., S.S.B. & S.E.B. M2000-00232-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: L. Raymond Grimes
This case involves the termination of parental rights. Upon a petition filed by the Tennessee Department of Children's Services, the Montgomery County Juvenile Court entered a final decree terminating the Appellant's parental rights.
Montgomery
Court of Appeals
Allen vs. Allen M1999-00748-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol A. Catalano
In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified.
Davidson
Court of Appeals
Ward vs. Turner M1999-00719-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Vernon Neal
This appeal arises out of a custody dispute between maternal and paternal grandparents. The issue of custody arose after the children's parents were killed in an automobile accident. The Overton County Circuit Court reversed the judgment of the juvenile court and awarded custody to the maternal grandparents.
Overton
Court of Appeals
Bryant vs. Bryant M1999-01280-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed.
Davidson
Court of Appeals
TN Medical Association, et al vs. TN Board of Dentistry, et al M1999-02279-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
This is an appeal of an administrative decision involving the Tennessee Dental Practice Act. A licensed dentist petitioned the Tennessee Board of Dentistry to declare that he had the right under his dental license to perform various cosmetic procedures involving the face and neck, such as face lifts and nose jobs. The petition was granted and the Board of Dentistry issued a declaratory order that the petitioning dentist could perform such cosmetic procedures. The Appellees, including the Tennessee Medical Association, petitioned the Chancery Court to review the Board of Dentistry's decision. The Chancery Court reversed the Board of Dentistry's decision, finding that the Board had improperly expanded the practice of dentistry beyond what the legislature intended and that its decision was not supported by substantial and material evidence. On appeal, we affirm, finding that the Board's decision was contrary to the Dental Practice Act.
