Opinions

Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: HON. ROBERT S. BRANDT
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon. Robert S. Brandt,

Fisher & Bell vs. Metro Gov't.
01A01-9609-CV-00402
Trial Court Judge: Walter C. Kurtz

Davis vs. Burson
01A01-9610-CH-00498
Trial Court Judge: Ellen Hobbs Lyle

Houser vs. Traughber
01A01-9610-CH-00483
Trial Court Judge: Robert S. Brandt

01A01-9604-CH-00362
01A01-9604-CH-00362
Trial Court Judge: Samuel L. Lewis

State Farm & Casualty vs. Pickral, et. ux.
01A01-9609-CV-00409
Trial Court Judge: Thomas Goodall

Brooks vs. Brooks
01A01-9607-CV-00312
Trial Court Judge: M. Shipley

Jones vs. Jones
01A01-9607-CV-00346
Trial Court Judge: Thomas Goodall

State vs. Robert Rayford
02C01-9702-CR-00079

03C01-9603-CC-00088
03C01-9603-CC-00088

Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. George H. Brown, Jr.
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.

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Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
Authoring Judge: W. Neil Thomas, III
Trial Court Judge: Jerri Bryant, Chancellor
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.

03A01-9607-JV-00234
03A01-9607-JV-00234

03A01-9608-CH-00247
03A01-9608-CH-00247

Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042

03C01-9608-CC-00284
03C01-9608-CC-00284

03C01-9506-CR-00160
03C01-9506-CR-00160
Trial Court Judge: E. Eugene Eblen

Ikie Briggs, v. Estate of Odessa v. Briggs
02A01-9603-PB-00052
Authoring Judge: Presiding Judge W. Frank Crawford
Trial Court Judge: Judge Leonard D. Pierotti

This is a will construction case. Respondent, Ikie Briggs, appeals from the order of the probate court construing the Last Will and Testament of Odessa V. Briggs in favor of the petitioner, Frances Duncan Briggs.

Brian Wolney and wife, Melissa Wolney v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard

The petition for rehearing filed in behalf of the Appellants is denied.

Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Judge George H. Brown, Jr.

This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.

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Douglas W. Taylor v. Bgl Mining Co., Inc., et al.
01S01-9604-CH-00066
Authoring Judge: Robert S. Brandt, Senior Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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 of findings of fact and conclusions of law. The fundamental issue in this case is whether an injury on the way from work occurring on a road neither owned nor maintained by the employer, but which is the only available route from the work place, was an injury "arising out of and in the course of employment." Tenn. Code Ann. _ 5-6-12(a)(4). We conclude that it is not and affirm the trial court's summary judgment for the employer. Tennessee Consolidated Coal Company (TCC) uses independent contractors to mine coal on its 35, Cumberland Plateau acres by leasing individual mines to individual operators. The plaintiff's employer, BGL Mining Company, leased mine 34, and mined TCC's coal for which TCC paid BGL a per- ton fee. TCC hauled the coal away from mine 34 and other mines on a haul road TCC built and maintained along the Marion-Sequatchie county line. The haul road was the only way to get to and from mine 34. The private road leads from a county road a short distance from the county road's intersection with Tennessee Highway 18. TCC's haul roads are strictly private roads, and TCC limits access to them. Victoria Arlene Anderson did not have permission to use TCC's haul road on the afternoon of March 11, 1992, but she drove her Dodge pick-up on it anyway and collided head-on with the plaintiff's car as he was driving from his work at mine 34. The severely injured plaintiff was air-lifted to Chattanooga's Erlanger Medical Center. -2-