State vs. Walter Lee Allen & Gary L. Haney
03C01-9712-CC-00547
Trial Court Judge: James E. Beckner

State vs. Dustin Dwayne Davis
03C01-9712-CR-00543
Trial Court Judge: Ray L. Jenkins

State vs. Gene Ivan Amanns
03C01-9712-CR-00527
Trial Court Judge: Richard R. Baumgartner

State vs. Timothy Inman
02C01-9808-CC-00254
Trial Court Judge: Lee Moore

State vs. Luther White
02C01-9809-CC-00259
Trial Court Judge: Whit A. Lafon

State vs. Billy Harris
02C01-9808-CC-00240
Trial Court Judge: R. Lee Moore Jr.

State vs. Robert Burton
02C01-9807-CC-00226
Trial Court Judge: William B. Acree

State vs. Gary Carr
02C01-9709-CR-00368
Trial Court Judge: Joseph B. Dailey

State vs. Clem Henry
02C01-9803-CR-00063

State vs. Tommy Nunley
02C01-9804-CR-00114

Knoble vs. Taylor
01A01-9803-CH-00153
Trial Court Judge: Irvin H. Kilcrease, Jr.

Rogers vs. State
01A01-9803-BC-00160

Butler vs. Dept. of Correction
01A01-9804-CH-00172
Trial Court Judge: Ellen Hobbs Lyle

Baldwin et al vs. Pirelli Armstrong et al
01A01-9804-CV-00195
Trial Court Judge: Ben H. Cantrell

Howse vs. State
01A01-9809-BC-00489
Trial Court Judge: Thomas Stovall

Griffin vs. Shelter Mutual Ins. Co.
01A01-9712-CH-00700
Trial Court Judge: Ben H. Cantrell

Eddie Howard vs. State
03C01-9604-CC-00167

Samuel S. Minton vs. State
03C01-9806-CC-00197
Trial Court Judge: R. Steven Bebb

State vs. Rickie Alan Osborne
E1999-02278-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Phyllis H. Miller

Brandon A. Miller vs. State
03C01-9803-CR-00102
Trial Court Judge: R. Steven Bebb

State vs. Kevin S. Phillips
03C01-9801-CR-00024
Trial Court Judge: R. Jerry Beck

Cora Moton v. Kellogg USA, Inc.
02S01-9803-CV-00023
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. James S. Russell,
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. 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 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 more 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). The trial court found that the plaintiff did not make a meaningful return to work and therefore that the statutory cap of 2.5 times the anatomical impairment rating did not apply. The trial court awarded the plaintiff benefits based on 3.5 times Dr. Weems' rating of fifteen percent for a total permanent partial disability award of 52.5 percent to the body as a whole. The defendant raises the following issues: 1. Whether the trial court erred in finding that Plaintiff did not make a meaningful return to work? 2. Whether the trial court erred in relying on the deposition testimony of Dr. Thomas D. Weems rather than the deposition testimony of Dr. James T. Galyon? 3. Whether the trial court erred in awarding Plaintiff a permanent partial disability rating for vocational disability purposes of 52.5%? We affirm the judgment of the trial court. BACKGROUND The plaintiff, age 37 at the time of trial, is a high school graduate. She took over five years of college classes in English, Biology, and Chemistry from various institutions, but she holds no degrees. She is certified as a pharmacy technician and has worked in that field at a rate of $9.5 per hour. She also has work experience as a chemical analyst. In January 199, the plaintiff went to work for the defendant as an FMC operator in the manufacturing process of frozen waffles. She earned $11.65 per 2

Helen Mccurrie v. Eaton Corporation
02S01-9805-CH-00047
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. George E. Ellis,
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.

State vs. Charles Hayes
01C01-9804-CC-00176

State vs. Leslie R. Holt
01C01-9804-CR-00188
Trial Court Judge: J. O. Bond