Opinions

Karen Farmer v. Zurich-American Insurance Co.
01S01-9706-CV-00135
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Ernest Pellegrin,
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 alleged that during the course of her employment by Porter Paints she contracted asthma, an occupational disease, which resulted in partial, permanent physical disability, all of which was denied by the defendant. The trial judge found that the plaintiff suffered occupational asthma, causing her to be 5 percent permanently partially disabled and benefits were awarded accordingly. The issue presented for review is whether the finding of job-related asthma is supported by a preponderance of the evidence. I The plaintiff was initially employed by Porter paints in 1991 as a decorator. About one year later, she was transferred to a Broadway store in Nashville, which catered to commercial customers. This store prepared two- part industrial paints, referred to as epoxies, one part of which, hythane, contained a chemical known as hexamethylene diisocyanate [HDI]. an isocyanate. In 1993, the Broadway store compounded a large quantity of hythane for a customer who had contracted with Vanderbilt University to paint its stadium. The plaintiff became ill, attended by coughing and wheezing, shortness of breath and congestion. Her family physician diagnosed bronchitis, prescribed antibiotics, and recommended absence from work for one week. Upon her return, she experienced a severe episode of wheezing and shortness of breath and was instructed to leave the store. She was thereupon referred to a pulmonary specialist, Dr. Eric Dyer, who made a tentative diagnosis of asthma caused by exposure to TDI, an isocyanate commonly found in paints. 2

State of Tennessee v. David Joe Vineyard and Jimmy Lee Cockburn
03C01-9502-CR-00052
Authoring Judge: Per Curiam
Trial Court Judge: Judge Mayo L. Mashburn

Order on Petition To Rehear Upon consideration of the petition to rehear filed by the appellants Davey Joe Vineyard and Jimmy Lee Cockburn, this Court is of the opinion that the petition should be and the same is hereby denied.

State vs. Vineyard
03S01-9612-CR-00120

Samuelson vs. Totty
01S01-9702-CV-00025

State vs. Glenn Bernard Mann
02S01-9609-CC-00077

State vs. Joe Russell
02C01-9701-CR-00030

Trial Court Judge: John P. Colton, Jr.

01S01-9705-CV-00100
01S01-9705-CV-00100

Franklin Jones vs. Sterling Last Corp.
02S01-9606-CH-00057

02A01-9707-CV-00152
02A01-9707-CV-00152

Trial Court Judge: R. Lee Moore Jr.

State vs. Eronia Neal
W1999-01194-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Joseph B. Dailey

Joseph Nolen v. Amy Nolen
M2002-00138-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Trial Court Judge: Donald P. Harris

William Allen Frazier v. Landair Services, Inc.
03S01-9706-CV-00064
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. John Mcclellan, III,
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 alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2

Tommy Horton Tate vs. State
03C01-9707-CR-00264

Trial Court Judge: E. Eugene Eblen

Charles Orren vs. State
03C01-9704-CR-00141

Trial Court Judge: Lynn W. Brown

State vs. Maurice Johnson
03C01-9705-CR-00175

Trial Court Judge: Richard R. Baumgartner

Child Support Svcs. vs. Russell
01A01-9706-JV-00267

Trial Court Judge: Andrew J. Shookhoff

Sanders, et. ux. vs. Mansfield, et. al.
01A01-9705-CH-00222

Trial Court Judge: Ben H. Cantrell

West vs. Dept. of Correction, et. al.
01A01-9706-CV-00243

Trial Court Judge: Walter C. Kurtz

Sherrell vs. Sherrell
01A01-9703-CH-00131

Trial Court Judge: Jim T. Hamilton

Little, et. al. vs. Hogan, et. al.
01A01-9707-CV-00291

Carson vs. Agri-Products Special Markets
01A01-9708-CV-00420

Culp vs. J.B. Hinson & Pevahouse
01A01-9707-CV-00307

Trial Court Judge: Jim T. Hamilton

Hollis vs. Hollis
01A01-9704-CH-00178

Trial Court Judge: Henry Denmark Bell

Karr vs. Gibson
01A01-9605-CH-00220

Trial Court Judge: Irvin H. Kilcrease, Jr.

01C01-9612-CR-00507
01C01-9612-CR-00507

Trial Court Judge: Seth W. Norman