Johnson Controls v. Shelby J. Cotham and Larry Brinton, Director, Second Injury Fund
01S01-9511-CV-00212
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Donald P. Harris,

Ronald H. Anselm v. K-Va-T Food Stores, Inc., Fireman's Fund Insurance Company and Sue Ann Head, Director, Division of Workers' Compensation, Tennessee
03S01-9508-CV-00087
Authoring Judge: William H. Inman, Senior 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. _ 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 he sustained an injury to his neck, arms and shoulders during the course of his employment by the K-VA-T Food Stores while performing repetitive actions involving the stocking of food shelves from April 1 to May 19, 1992. He further alleged that these repetitive actions aggravated a prior neck injury. The defendant denied the occurrence of an accidental injury. The plaintiff began working for K-VA-T as a cashier in September, 199. He was 5 years old, and had earned his livelihood driving a truck for most of his adult life. In l987 he was treated for shoulder pain for which, in December 1987, he settled a workers' compensation claim. He suf fered recurring pain in 199 while driving a truck and sought workers' compensation benefits which were awarded in December, 1992. The purported repetitive actions entailed by his most recent job occurred, as heretofore stated, during a six-weeks period in April and May, 1992. The trial judge found that the injuries complained of did not occur during the plaintiff's employment by K-VA-T, and dismissed the complaint. Our review is de novo on the record accompanied by a presumption that the findings of fact of the trial judge are correct unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Dr. Stephen Wiessfeld was the only medical expert called to testify. He said that based on the history related to him, the plaintiff sustained an aggravation to a pre- existing arthritic condition, but conceded that his opinion was dependent upon an accurate history of repetitive arm and shoulder movements. He found no anatomical changes, but relied upon the representations of his patient. Further evidence revealed that the claimed repetitive actions were not as onerous as claimed, which impelled the trial judge to find that the medical testimony was untrustworthy, and unreliable. The burden to establish each element of a workers' compensation claim is upon the employee claiming benefits. Oster v. Yates, 845 S.W.2d 815 (Tenn. 1992). One

Beecher Kent Bilbrey v. Roadway Express, Inc.
01S01-9511-CH-00215
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Vernon Neal
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. Plaintiff, Beecher Kent Bilbrey, has appealed from the action of the trial court in dismissing his claim for benefits because he failed to render proper notice of the claim to defendant, Roadway Express, Inc. The Chancellor made alternative findings regarding all other aspects of the claim in the event it was determined the notice requirement had been complied with or reasonably excused. Plaintiff is 5 years of age and has a 9th grade education. He was employed as a driver for defendant trucking company. On about June 2, 1993, while at a trucking terminal in Huntsville, Alabama, he testified he injured his back when hooking a set of double trailers. He said he called his dispatcher and told him he had pulled his back but didn't think it was going to be any problem. He told the trial court that upon returning to the Nashville terminal, Robert Anderson, a supervisor, asked him if he had been drinking and would he consent to take a blood alcohol test. He denied having drank anything and consented to take the test. He said he told Anderson he did not want to wait a long period of time to be given the test but left after waiting about 15 minutes. He returned to Cookeville where he went to the hospital emergency room. The record indicates that he returned to the emergency room on about June 3th and saw several doctors during June and July, 1993, concerning his physical condition. Plaintiff testified that shortly after the incident on June 2th he also called Roger Morrison, a relay manager, and told him he had hurt his back, had been to the hospital and wanted to go on sick leave. He said Morrison told him he was terminated for leaving the job. When asked if he had told how he hurt his back, he replied, "No. I didn't like his attitude. He made me mad." Plaintiff testified he knew it was a violation of company policy to leave without taking the blood test after he had agreed to do so. He also acknowledged that he was aware that he would be terminated for this reason. 2

Beecher Kent Bilbrey v. Roadway Express, Inc.
01S01-9511-CH-00215
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Vernon Neal,
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference...

Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-
02C01-9612-CC-00464

1996. In The Present Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill,
02C01-9612-CC-00452

The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267
02C01-9612-CC-00463

Robert Rayford vs. State
02C01-9701-CC-00011

Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267
02C01-9612-CC-00465

Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn. Crim.
02C01-9612-CC-00467

The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267
02C01-9611-CC-00409

Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn. Crim.
02C01-9702-CC-00055

01C01-9506-CC-00198
01C01-9506-CC-00198
Trial Court Judge: Leonard W. Martin

01C01-9507-CC-00232
01C01-9507-CC-00232

01C01-9507-CC-00239
01C01-9507-CC-00239

01C01-9508-CC-00267
01C01-9508-CC-00267

01C01-9508-CC-00253
01C01-9508-CC-00253
Trial Court Judge: Gerald L. Ewell, Sr.

01C01-9505-CC-00143
01C01-9505-CC-00143
Trial Court Judge: Leon C. Burns, Jr.

01C01-9502-CC-00033
01C01-9502-CC-00033
Trial Court Judge: Gerald L. Ewell, Sr.

Melvin Burkett vs. State
01C01-9605-CC-00202
Trial Court Judge: Allen W. Wallace

01A01-9504-CH-00134
01A01-9504-CH-00134
Trial Court Judge: Vernon Neal

01A01-9511-CH-00515
01A01-9511-CH-00515
Trial Court Judge: Vernon Neal

01A01-9603-CH-00131
01A01-9603-CH-00131
Trial Court Judge: Ellen Hobbs Lyle

01A01-9602-CH-00063
01A01-9602-CH-00063
Trial Court Judge: Robert S. Brandt

01A01-9603-CH-00102
01A01-9603-CH-00102
Trial Court Judge: Robert S. Brandt