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Hartsville Hospital, Inc. vs. The National Bank & Trust Co. 01A01-9801-CH-00022 Trial Court Judge: C. K. Smith	Trousdale	Court of Appeals	07/31/98
Angela Hogan vs. Rex Reese and Sonya M. Reese 01A01-9801-CV-00023 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	07/31/98
Concrete Spaces, Inc., et al. vs. Henry Sender, et al. 01A01-9607-CH-00288 Trial Court Judge: Whitney Stegall	Davidson	Court of Appeals	07/31/98
Darrell Swearengin v. Pacific Employers & Dina Tobin, Dir. 01S01-9704-CH-00090 Authoring Judge: John K. Byers, Senior Judge Trial Court Judge: Hon. Henry Denmark Bell, 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. There are no issues of fact in dispute in this case. All sides agree that the plaintiff is totally and permanently disabled and that he qualifies for payment until age 65. Because the injury in this case was subsequent to previous injuries, the Second Injury Fund incurred liability under Tenn. Code Ann. _ 5-6-28(a). The employer and the Second Injury Fund agree that their liability is properly apportioned at 25 percent to the employer and 75 percent to the Second Injury Fund. The trial judge ordered the employer and the Second Injury Fund to make payment concurrently and a mathematical formula was reached which would fulfill each of the payor's liability for their portion of the award when the plaintiff reached age 65. The employer asserts its liability should be limited to 4 weeks and insists the trial court properly ordered concurrent payment by it and the Second Injury Fund. The employer concedes these issues would be resolved by the decision of the Supreme Court in Bomely v. Mid-America Corp., ___ S.W.2d ___ (Tenn. 1998).1 The Supreme Court has decided Bomely and the issues raised herein by the employer have been decided adversely to it. The Supreme Court held the percentage of liability of an employer in cases such as this shall not be limited to the relationship of its percentage of liability to 4 weeks. Rather, the Court held the liability would be apportioned over the total amount of the award in accordance with the percentage of liability affixed to the employer and the Second Injury Fund. Further, the Court held that the employer shall pay its portion of the award first and the Second Injury Fund shall commence payment when the employer has satisfied its liability. The trial court's judgment requiring concurrent payment by the employer and the Second Injury Fund and limiting the employer's liability to 25 percent of 4 1 This appeal was filed April 18, 1997 and the opinion in Bomely was filed by the Supreme Court on May 26, 1998. We have abided the decision in that case to decide this case. 2	Williamson	Workers Compensation Panel	07/30/98
Vickie S. Heidel v. Barnes & Noble Bookstores, Inc., et al. 01S01-9709-CV-00195 Authoring Judge: William S. Russell, Retired Judge Trial Court Judge: William S. Russell	Putnam	Workers Compensation Panel	07/30/98
Henry Andrews vs. Lubricon, et al 02A01-9708-CH-00202 Trial Court Judge: C. Neal Small	Shelby	Court of Appeals	07/30/98
Wanda Ortiz Degroot, v. Michael Degroot 03A01-9707-CV-00279 Authoring Judge: Presiding Judge Houston M. Goddard Trial Court Judge: Judge Kindall T. Lawson The controversy in this appeal concerns the award of custody of Andrew, the parties' two-year-old son, to the mother.	Greene	Court of Appeals	07/30/98
Clapp vs. Goldston 03A01-9707-CV-00288		Court of Appeals	07/30/98
03A01-9707-CH-00278 03A01-9707-CH-00278 Trial Court Judge: Chester S. Rainwater	Blount	Court of Appeals	07/30/98
Rodgers vs. Walker 03A01-9708-CH-00371		Court of Appeals	07/30/98
Jasper vs. Bryant 03A01-9711-CV-00521	Knox	Court of Appeals	07/30/98
Bland vs. Cowan 03A01-9801-CV-00024	Hamilton	Court of Appeals	07/30/98
Isaacson vs. Fenton 03A01-9804-JV-00119	Loudon	Court of Appeals	07/30/98
United vs. Loudon 03A01-9710-CH-00477	Loudon	Court of Appeals	07/30/98
03A01-9710-CH-000474 03A01-9710-CH-000474		Court of Appeals	07/30/98
Phillips vs. Watkins 03A01-9709-CV-00428		Court of Appeals	07/30/98
Mayfield vs. Mayfield 03A01-9803-CV-00112		Court of Appeals	07/30/98
01C01-9704-CC-00159 01C01-9704-CC-00159 Trial Court Judge: William M. Barker	Williamson	Court of Criminal Appeals	07/30/98
State vs. Lesa Malone 01C01-9706-CC-00234 Trial Court Judge: L. Terry Lafferty	Marshall	Court of Criminal Appeals	07/30/98
01C01-9708-CR-00350 01C01-9708-CR-00350	Davidson	Court of Criminal Appeals	07/30/98
State vs. Robert Fox 01C01-9710-CC-00471	Humphreys	Court of Criminal Appeals	07/30/98
Don Hancock vs. State 01C01-9710-CR-00489	Davidson	Court of Criminal Appeals	07/30/98
Ricky Earls vs. State 01C01-9710-CR-00500	Bedford	Court of Criminal Appeals	07/30/98
Julius Goodman vs. State 01C01-9712-CR-00562 Trial Court Judge: David H. Welles	Davidson	Court of Criminal Appeals	07/30/98
State vs. Brown 03C01-9707-CR-00304 Trial Court Judge: James E. Beckner	Greene	Court of Criminal Appeals	07/30/98