Opinions

Owner-Operator Ind. Drivers Assoc., et al vs. Concord EFS, et al
M1999-02560-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Cornelia A. Clark

Adams vs. Cooper
M1999-02664-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Patricia J. Cottrell

Crump vs. TN Civil Service Commission
M1999-02677-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle

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M1999-00980-CCA-R3-CD
M1999-00980-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Timothy L. Easter

M1999-01064-CCA-R3-CD
M1999-01064-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Jane W. Wheatcraft

E1999-01501-COA-R3
E1999-01501-COA-R3

E1999-01033-COA-R3-CV
E1999-01033-COA-R3-CV

E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV

E1999-01610-COA-R3-CV
E1999-01610-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

E1999-02128-COA-R3-CV
E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard

) Hon. F Rank v. Will Iams, Iii
E1999-1570-COA-R3-CV

E1999-00557-CCA-MR3-CD
E1999-00557-CCA-MR3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Rebecca J. Stern

EI999-00286-COA-R3-CV
EI999-00286-COA-R3-CV

David Coleman v. Lumberman's Mutual Casualty Co.
W1998-00948-SC-WCM-CV
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Neal Small, Chancellor
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). This Court now determines where the preponderance of the evidence lies.

Barry L. Blackwell v. Madison County Sheriff's Dept.
W1998-00280-SC-WCM-CV
Authoring Judge: L. Terry Lafferty, Senior Judge
Trial Court Judge: Hon. Joe C. Morris
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case arises out of heart problems suffered by a sheriff's deputy. The trial court found that the plaintiff was entitled to the statutory presumption in Tennessee Code Annotated _ 7-5-21(a)(1) allowing the court to presume that a law enforcement officer's heart problems are work-related. The trial court found that the plaintiff suffered a 3 percent permanent partial disability to the body as a whole from this injury. Further, the trial court found that a bomb scare on June 3, 1996, was a precipitating factor that caused the plaintiff's problems. The defendant appeals the decision of the trial court, alleging that the court erred in finding that the plaintiff was entitled to the statutory presumption of causation. The plaintiff argues that the trial court correctly found that the presumption applies. He further argues that, even without the presumption, the preponderance of the evidence establishes that the plaintiff's injury arose out of and in the course of his employment with the defendant. Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, 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 depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991). After a review of the entire record, briefs of the parties and applicable law, we REVERSE the trial court's judgment.

Jacqueline Lindbloom v. Metro 8 Sheet Metal, Inc.
03S01-9810-CH-00115
Authoring Judge: Special Judge Robert E. Corlew, III
Trial Court Judge: Hon. W. Frank Brown, III
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant raises two issues for consideration by the Court: 1) whether the Trial Court's award of permanent partial disability payments of forty percent to the leg is supported by the facts and the evidence, and 2) whether an award for temporary partial disability benefits is justified by the evidence. After consideration of all of the evidence and the applicable law, we find that the judgment of the Trial Court should be modified with respect to both issues, and otherwise affirmed and remanded.

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Trial Court Judge: G. Richard Johnson

Teresa Constantino/Lila Williams vs. Charlie/Glenda Williams
W1999-00229-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: W. Michael Maloan
This case involves the interpretation of a deed. The granting clause of the deed created a life estate in the grantee, the ex-husband of the grantor, with a remainder to the three children of the grantee and grantor. However, the habendum clause retained a life estate in the grantor. The trial court decided that the grantor did not retain a life estate because any ambiguity in the deed should be construed strictly against the grantor. The grantor appealed to this Court. We reverse.

03C01-9905-CR-00199
03C01-9905-CR-00199

03C01-9905-CR-00184
03C01-9905-CR-00184

Dorothy Tharp vs. Lenita Kay Tharp
E1999-00921-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks

State vs. Joseph John Henry Morrell
E1999-00924-CCA-R3-CD
Authoring Judge: Judge Jerry Smith