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IN RE: Estate of Lillie Mae Porter - Concurring
E1999-00194-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge William H. Russell

This case involves an application in probate for the fees and expenses of attorneys Mary Katherine Longworth and Peggy J. S. Monger (“the Attorneys”) arising out of their representation of Thomas S. Harvey, the former executor of the Estate of Lillie Mae Porter (“the Estate”). Being dissatisfied with the probate court’s award, the Attorneys appealed. For the reasons stated herein, we vacate the judgment of the lower court and remand for further proceedings.

Cleophus Davis v. Saturn Corporation
M1998-00862-WC-R3-CV
Authoring Judge: F. Lloyd Tatum, Senior Judge
Trial Court Judge: Hon. Robert L. Holloway
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

01C01-9811-CC-00453
01C01-9811-CC-00453

Al-Fatlawy vs. Doe and Chicago Insurance Co.
M1999-00195-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.

Robinson vs. Nissan Motor Mfg. Corp., USA
M1999-00296-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Robert E. Corlew, III

Fahey vs. Eldridge
M1999-00500-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Clara W. Byrd

Jackson vs. Jackson
M1999-00133-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Donald P. Harris

Wheeler vs. TDOC
M1999-00569-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy

Gibson vs. Trant, et al
M1999-00390-COA-R3-CV
Authoring Judge: Sr. Judge William H. Inman
Trial Court Judge: Wheeler A. Rosenbalm

Davis vs. Holland, et al
M1999-00460-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Marietta M. Shipley

State Dept. of Children's Svcs. vs. Hunter
M1999-02606-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Betty Adams Green

Ann King, et al vs. Danek Medical Inc., et al
W1999-02651-COA-R3-CV
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: John R. Mccarroll, Jr.

James G. Spears v. Pathway Bellows, Inc.
03S01-9812-CV-00148
Authoring Judge: H. David Cate, Special 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 defendant, Pathway Bellows, Inc., appeals the trial court's award of twenty percent (2%) permanent partial disability to the left upper extremity.1 We agree with the trial court and affirm. The plaintiff, James Spears, was 56 years old in February, 1999. He dropped out of school in the 1th grade and joined the U. S. Army. While in the Army he worked in communications and received his general equivalency diploma. After being honorably discharged from the Army, he went to work as an assembler and later as a welder. While working for a small machine shop he learned to weld very thin exotic material. This type of welding requires a very steady hand and a tremendous amount of concentration. In 1969, the plaintiff went to work for the defendant. From 1969 to 1997 the plaintiff traveled all over the world welding exotic material for the defendant. On August 4, 1997, he was cutting parts that weighed around 2 pounds. He would push, catch and stand them on the ground. Later in the day his left shoulder began to bother him. He told his supervisor who sent him to Ambulatory Care where he saw Dr. Hilton. Subsequently, Dr. Hilton referred the plaintiff to Dr. Sidney Wallace, an orthopedic specialist, who first saw the plaintiff on September 17, 1997. Dr. Wallace diagnosed the plaintiff's injury as a rotator cuff syndrome on the left side. Dr. Wallace treated the plaintiff from September 17 through November 11, 1997, when Dr. Wallace released the plaintiff to return to his normal work duties. At this time Dr. Wallace felt the plaintiff should have another physician examine him because he had seen a video, showing the plaintiff doing things, which he thought impaired the doctor-patient relationship. 1T.C.A. _ 5-6-27 (3)(A)(ii)(m) denotes the upper extremity as arm. The parties agreed during oral argument that the final judgment mistakenly awarded benefits to the body as a whole and should be amended to award benefits to the arm. 2

American Justice Ins. Reciprocal vs. Hutchison, et al
M1999-00672-SC-R23-CQ
Authoring Judge: Justice Frank F. Drowota, III

E1999-01965-C0A-R3-CV
E1999-01965-C0A-R3-CV
Trial Court Judge: Douglas A. Meyer

Kathy Mae Perry v. Tennessee Distribution, Inc.
03S01-9904-CH-00042
Authoring Judge: H. David Cate, Special Judge
Trial Court Judge: Hon. G. Richard Johnson,
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 only issue for resolution is whether the preponderance of the evidence supports the trial court's award to the plaintiff, Kathy Mae Perry, of 5 percent permanent partial disability to the right leg. We think it does and affirm. The plaintiff was 4 years old on December 15, 1998. She dropped out of school in the eleventh grade but later received a general equivalency diploma. She had training in cosmetology and worked as a beautician for 8 months. She also had experience as a cashier. In July 1992 she was employed by the defendant, Tennessee Distribution, Inc. On August 23, 1996, she bumped her right knee while working for the defendant. At that time her job was a standup forklift driver. Subsequently the plaintiff went to see the defendant's nurse who referred her to Dr. Goulding, who then referred her to Dr. Mark Aiken, an orthopedic surgeon. Dr. Aiken first saw the plaintiff on September 24, 1996 and again on November 4, 1996. At the latter visit he released her to return on an as needed basis. His diagnosis of the plaintiff's injury was a mild prepatellar bursitis. The plaintiff sought additional medical treatment and was sent by the defendant to see Dr. Alan Williams, II, who treated the plaintiff from December 17, 1996 through May 12, 1998. On April 15, 1997 he performed a diagnostic arthroscopy. His diagnosis of the plaintiff's injury was chondromalacia of the patella and the femoral condyle of the right knee. The plaintiff missed work from April 4, to June 12, 1997 when she took a voluntary layoff and had the arthroscopy. Since mid June, 1997 she has worked for the defendant as a standup forklift driver, the job she was doing at the time of the accidental injury. It was Dr. Williams' opinion that the plaintiff had sustained a 5 percent impairment to her lower right extremity. He restricted her to a 4 hour work week. 2

State vs. John Ruff
W1999-01457-CCA-R3-CD

W1999-01011-CCA-R3-PC
W1999-01011-CCA-R3-PC

Darron Smith vs. Ed Mullikin
W1999-00105-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: D'Army Bailey

Jones vs. Ewell
M1999-00883-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jeffrey F. Stewart

Suntheimer vs. Suntheimer
M1999-00248-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Muriel Robinson