Opinions

State, DHS Assignee of: Stanley vs. Hooper
01A01-9605-CV-00231
Trial Court Judge: Robert E. Burch

The Tennessean vs. Electric Power Bd. of Nashville
01A01-9606-CH-00255
Trial Court Judge: Ellen Hobbs Lyle

Klindt vs. Klindt
01A01-9606-CH-00250
Trial Court Judge: C. K. Smith

Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Trial Court Judge: Walter C. Kurtz

Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Trial Court Judge: Walter C. Kurtz

J. Harold Shankle Co. vs. Bedford Co. Bd.
01A01-9609-CH-00387
Trial Court Judge: Lee Russell

Davis vs. Rose
01A01-9610-CH-00494
Trial Court Judge: Jim T. Hamilton

01C01-9504-CR-
01C01-9504-CR-
Trial Court Judge: L. Terry Lafferty

01C01-9508-CC-00274
01C01-9508-CC-00274
Trial Court Judge: Allen W. Wallace

01C01-9510-CR-00348
01C01-9510-CR-00348

01C01-9511-CR-00391
01C01-9511-CR-00391

Smith vs. Duncan
01A01-9602-CV-00077
Trial Court Judge: Conrad E. Troutman, Jr.

01C01-9603-CC-00089
01C01-9603-CC-00089

01C01-9603-CC-00091
01C01-9603-CC-00091

01C01-9604-CR-00148
01C01-9604-CR-00148

03C01-9606-CC-00244
03C01-9606-CC-00244
Trial Court Judge: Lynn W. Brown

03C01-9603-CR-00112
03C01-9603-CR-00112
Trial Court Judge: Ray L. Jenkins

03C01-9605-CR-00184
03C01-9605-CR-00184

Bobby L. Marlowe v. Vulcan Materials Co.
03S01-9605-CH-00058
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Billy Joe White,
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 appeal has resulted from a finding by the trial court that plaintiff, Bobby L. Marlowe, was entitled to 1% disability benefits due to contracting an occupational disease while in the employment of his employer, defendant Vulcan Materials Company. Defendant Vulcan contends the Chancellor was in error (1) in ruling the statute of limitations had not expired; (2) in finding plaintiff had been exposed and injured while in its employment; and (3) in finding plaintiff was totally disabled. Plaintiff was 55 years of age and had completed the 9th grade. He has a long history of having worked under conditions exposing himself to smoke, dust, etc. He spent about 16 years working in a steel foundry; about 1 years working for various coal companies; and about 5 years with Vulcan at various quarry sites where his exposure was to rock dust. When he first reported to work with Vulcan in 1988, he had a chest x-ray which apparently was not indicative of any problems. He began having some breathing problems sometime in 1991 and was x-rayed. As a result of this examination, he received a form letter dated January 13, 1992 from a medical clinic in Birmingham, Alabama. This informed him that his x-ray showed "abnormalities consistent with pneumoconiosis" and advised he needed to see a physician. Vulcan sent him to see a specialist in Kingsport, telling him the x- ray indicated something was wrong. There is no direct evidence as to the findings by this doctor. Plaintiff continued to work, saying he did not know what was wrong. Sometime later in his employment, he told the court, his condition began to worsen. He described this as noticing a greater shortness of breath and said any exertion would result in his being completely out of breath. Mr. Howell, the safety director of Vulcan, discussed the situation with him and said they would try to work with him and keep him out of as much dust as possible. At some later 2

Hubert M. Hurd v. General Shale Products Corporation, et al.
03S01-9603-CH-00026
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. H. David Cate,
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. Defendants, General Shale Products Corporation and CNA Insurance Compa ny, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 3% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. Plaintiff Hurd was injured in the course and scope of his employment on August 2, 199, while manually rolling up a truck cover. The equipment did not work properly, and plaintiff was pushing with his right arm when he tore a biceps tendon. Plaintiff was 63 years of age at the time of the trial. He completed the 8th grade and later received a G.E.D. certificate. He had been employed by General Shale for 41 years and at the time of the accident was operating a dump truck. During his entire employment, he had worked at different positions such as a grinding machine operator, a brick machine operator, a fireman on the kiln, a forklift operator and a front-end loader operator. He continued to work after the accident at the same job as his employer installed an electric motor on the vehicle which would roll up the truck cover and eliminate the manual operation. Although he has continued to work, he told the court he does not have the strength in his arm and shoulder as prior to this injury; he testified his grip in his arm is now weak and when he carries anything, it is hard to straighten his arm back out. Dr. John Bell, an orthopaedic surgeon, treated plaintiff for his injuries. His testimony, which was by deposition, indicated plaintiff had sustained an injury to his arm and shoulder from the tear of the tendon and a neck injury where there was an aggravation of a previous condition due to degenerative changes. He 2

03C01-9512-CC-00392
03C01-9512-CC-00392
Trial Court Judge: E. Eugene Eblen

03C01-9512-CC-00408
03C01-9512-CC-00408
Trial Court Judge: Joe B. Jones

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

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.