Opinions

03C01-9512-CC-00398
03C01-9512-CC-00398
Trial Court Judge: Frank L. Slaughter

03C01-9601-CR-00001
03C01-9601-CR-00001
Trial Court Judge: Stephen M. Bevil

03C01-9604-CC-00153
03C01-9604-CC-00153

01C01-9509-CC-00285
01C01-9509-CC-00285

01A01-9603-CH-00128
01A01-9603-CH-00128
Trial Court Judge: William B. Cain

01A01-9608-CH-00363
01A01-9608-CH-00363

01A01-9608-CH-00365
01A01-9608-CH-00365

01A01-9606-CV-00270
01A01-9606-CV-00270
Trial Court Judge: Thomas Goodall

01C01-9506-CC-00178lerk
01C01-9506-CC-00178lerk
Trial Court Judge: W. Charles Lee

01C01-9506-CC-00178
01C01-9506-CC-00178
Trial Court Judge: W. Charles Lee

Conviction. Our Supreme Court, In State v. Kimbrough, 924 S.W.2D 888 (Tenn.
01C01-9506-CC-00178
Trial Court Judge: W. Charles Lee

01C01-9511-CC-00357
01C01-9511-CC-00357
Trial Court Judge: J. O. Bond

01C01-9510-CR-00344
01C01-9510-CR-00344
Trial Court Judge: J. Randall Wyatt, Jr.

01C01-9510-CR-00328
01C01-9510-CR-00328
Trial Court Judge: Jane W. Wheatcraft

01A01-9510-CV-00456
01A01-9510-CV-00456
Trial Court Judge: Walter C. Kurtz

01A01-9605-CH-00204
01A01-9605-CH-00204
Trial Court Judge: Ellen Hobbs Lyle

01A01-9606-CH-00254
01A01-9606-CH-00254
Trial Court Judge: Robert S. Brandt

01A01-9606-CH-00285
01A01-9606-CH-00285
Trial Court Judge: Allen W. Wallace

Doris Tabor v. Crossville Ceramics
03S01-9510-CV-00117
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. John J. Maddux, Jr.,
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 plaintiff alleges that on March 7, 1994 she sustained injuries to her arms and hands during the course of her employment owing to their repetitive use; that she returned to work as a polisher for the Crossville Ceramics Company and that on March 23, 1994 she injured her neck or back while pushing a box of tiles. The defendants admitted that the plaintiff suffered a temporary injury but denied that she sustained a permanent disability. Thereafter, on May 24, 1995, an approved Order was entered whereby the plaintiff voluntarily dismissed "her cause of action as to her March 23, 1994 injuries" pursuant to Rule 41, Tenn. R. Civ. P. This procedure is unchallenged, and we will treat the complaint as having been amended to allege a compensable injury by accident which occurred on March 7, 1994. The plaintiff testified that she worked as a sorter in the polishing department of the ceramics manufacturer, the kind of work that required repetitive motions of both arms. On March 7, 1994 numbness and tingling developed in both arms which she reported to her supervisor and for which she received conservative medical treatment. She continued at her job for more than one year, leaving employment in April 1995 after allegedly suffering a neck injury. During the thirteen months between March 1994 and April 1995 the plaintiff was seen by a procession of physicians practicing various disciplines. Dr. Simpson, the orthopedic physician selected by the plaintiff, treated her over a period of months and concluded that she exaggerated her symptoms which were not anatomic. He testified that she suffered no impairment. His findings are supported by those of the Knoxville Neurology Clinic and the East Tennessee Orthopedic Clinic. The plaintiff was referred by her attorney to Dr. Gorman, an orthopedic surgeon practicing in Johnson City, who testified that she had a five (5) percent impairment in each arm, and recommended avoidance of "repetitive factory work." 2

Amy Ferrell Robinson Manufacturing Company and Argonaut Insurance Company
01S01-9512-CH-00224
Authoring Judge: William S. Russell, Special Judge
Trial Court Judge: Hon. JEFFREY F. STEWART

Anne H. Lawrence v. Itt Hartford Insurance Company
01S01-9511-CH-00199
Authoring Judge: William S. Russell, Special Judge
Trial Court Judge: Hon. Robert Brandt

Ernest O. Wood v. Aluminum Corporation of America
03S01-9601-CV-00007
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. W. Dale Young,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Fairly stated, the issues in this appeal are whether the employee should have been awarded permanent partial disability benefits and additional temporary total disability benefits. The panel has concluded the judgment should be affirmed. The employee or claimant, Wood, is a high school graduate who has worked for the employer, ALCOA, since approximately 1971. On June 7, 1991, while at work, he fell from the top of a tray of carbons, landing on his right side and injuring his right elbow, shoulder and hip. He continued working for the employer, while being conservatively treated for a torn right rotator cuff, until August 15, 1991. The injury was surgically repaired September of the same year and the employee returned to work for the employer on or about May 8, 1992 with minor restrictions. He was laid off six weeks later and has not worked since July 6, 1992. Because of other illnesses, he is receiving disability retirement benefits. He has received temporary total disability benefits for the time he lost from work before the layoff. He has also received medical benefits as required under the workers' compensation law. The medical proof as to whether the claimant's disability is causally related to his injuries is speculative and equivocal. In separate litigation, he claims to be disabled from asbestos-related lung disease. The trial judge disallowed the claim for disability workers' compensation benefits for insufficient proof that the disability is causally related to the injury at work. 2

Rebecca Caldwell v. Kelly Services, Inc. and Continental Casualty Company
03S01-9603-CH-00022
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Joe C. Loser, Jr., Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the evidence preponderates against an award of permanent partial disability benefits. The panel concludes the award of permanent partial benefits should be reversed. On September 1, 1994, the employee or claimant, Caldwell, an employee of Kelly Services, was sent to work at Moore's Quality Snack Foods. While working there, she slipped and fell, landing on her hand and arm. After receiving emergency care at the emergency room of a hospital, she was referred to Dr. Michael Lady, who diagnosed tenosynovitis and prescribed a splint and rest from work until her bruising and swelling subsided. On October 19, 1994, the claimant, while visiting a relative in Louisiana, saw Dr. Steiner, and orthopedic surgeon. Dr. Steiner eventually released her to return to work without any restrictions or permanent impairment. She did. On December 2, 1994, she left work because her injured arm was hurting. The next day, she revisited Dr. Lady, who prescribed a wrist splint, medication and rest. The doctor continued to treat her conservatively. His testimony by deposition included the following relevant questions and answers: Q. Okay. Now, Dr. Lady, based upon the American Medical Association guidelines, do you have an opinion which is also based upon a reasonable degree of medical certainty as the 2

Terry Campbell v. Old Republic Insurance Company
01S01-9511-CH-00213
Authoring Judge: William S. Russell, Special Judge
Trial Court Judge: Hon. Jeffrey F. Stewart, Chancellor

City State Bank and the Bank of Sharon v. Dean Witter Reynolds, Inc. a Delaware Corporation, and Hank Franck
02A01-9504-CV-00073
Authoring Judge: Judge J. Alan Highers

Defendants have filed a petition to rehear which, after due consideration, is respectfully denied.