Deborah Smit v. Piccadilly Cafeteria, Inc. 03S01-9903-CV-00035
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. R. Jerry Beck
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found the plaintiff sustained an accidental injury_repetitive stress injury to the rotator cuff of her right shoulder_while in the course and scope of her employment rendering her unable to work as of August 5, 1997, and that the defendant received timely notice of the injury on January 19, 1998. The trial court set the plaintiff's workers' compensation benefit at $257.83 per week and found a 66% permanent partial disability to the body as a whole. The trial court further awarded temporary total disability benefits for 68 weeks and 3 days, medical expenses of $11,711.98, discretionary costs of $1,56.8, and 2% of the plaintiff's attorney fees. We affirm the judgment of the trial court.
Smith
Workers Compensation Panel
State vs. Nick Holscher M1999-00448-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Seth W. Norman
In the Matter of C.D.B., S.S.B. & S.E.B. M2000-00232-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: L. Raymond Grimes
This case involves the termination of parental rights. Upon a petition filed by the Tennessee Department of Children's Services, the Montgomery County Juvenile Court entered a final decree terminating the Appellant's parental rights.
Montgomery
Court of Appeals
Allen vs. Allen M1999-00748-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Carol A. Catalano
In this divorce case, Husband appeals the trial court's decree as it deals with the division of the marital property (including an award to Wife a part of military retirement), alimony, and child support. We affirm as modified.
Davidson
Court of Appeals
Ward vs. Turner M1999-00719-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Vernon Neal
This appeal arises out of a custody dispute between maternal and paternal grandparents. The issue of custody arose after the children's parents were killed in an automobile accident. The Overton County Circuit Court reversed the judgment of the juvenile court and awarded custody to the maternal grandparents.
Overton
Court of Appeals
Bryant vs. Bryant M1999-01280-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Muriel Robinson
Petitioners filed a petition to terminate the parental rights of the biological father and for adoption of two minor children based on abandonment by the father. On the first appeal, this Court reversed the trial court's order denying termination of parental rights and remanded the case for the trial court to determine whether the termination of parental rights is in the best interest of the children. The trial court found that termination of parental rights is in the best interest of the children and granted the adoption. Father has appealed.
Davidson
Court of Appeals
TN Medical Association, et al vs. TN Board of Dentistry, et al M1999-02279-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Carol L. Mccoy
This is an appeal of an administrative decision involving the Tennessee Dental Practice Act. A licensed dentist petitioned the Tennessee Board of Dentistry to declare that he had the right under his dental license to perform various cosmetic procedures involving the face and neck, such as face lifts and nose jobs. The petition was granted and the Board of Dentistry issued a declaratory order that the petitioning dentist could perform such cosmetic procedures. The Appellees, including the Tennessee Medical Association, petitioned the Chancery Court to review the Board of Dentistry's decision. The Chancery Court reversed the Board of Dentistry's decision, finding that the Board had improperly expanded the practice of dentistry beyond what the legislature intended and that its decision was not supported by substantial and material evidence. On appeal, we affirm, finding that the Board's decision was contrary to the Dental Practice Act.
Davidson
Court of Appeals
Neely vs. McDonald M2000-00099-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Thomas W. Brothers
This appeal involves a negligence claim asserted against two members of the Nashville Metropolitan Police Department. The Davidson County Circuit Court dismissed the case on the grounds the action was precluded by the Tennessee Governmental Tort Liability Act.
Davidson
Court of Appeals
Antonio Sweatt vs. Fred Raney W1999-02458-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: R. Lee Moore Jr.
Lake
Court of Appeals
Jeffrey Lynn Cravens vs. State E1999-00385-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Rex Henry Ogle
Grainger
Court of Criminal Appeals
Zurich-American Insurance Company v. Claudia Mosley M1998-00886-SC-WCM-CV
Authoring Judge: Carol L. Mccoy, Special Judge
Trial Court Judge: Hon. Ellen Hobbs Lyle
This worker's compensation appeal has been referred to the Special Workers' 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. Randall Lloyd appeals an award of 25 percent to the body as a whole as inadequate. We agree and modify the award.
Davidson
Workers Compensation Panel
Linda Harris v. American Bread Company M1998-00611-SC-WCM-CV
Authoring Judge: Per Curiam
This case is before the Court upon motion for review pursuant to Tenn. Code Ann._ 50-6-225(e)(5)(B), 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;
Davidson
Workers Compensation Panel
Leyon Odell Beach v. Schwan's Sales Enterprises, Inc. M1999-00416-SC-WCM-CV
Authoring Judge: Per Curiam
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, the plaintiff contends the trial judge erred in finding that he was not a covered employee under the Workers' Compensation Act. As discussed herein, the panel has concluded the claimant was a gratuitous worker and that the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) Appeal as of Right; Judgment of the chancery court AFFIRMED LOSER, SP.. J. delivered the opinion of the panel, in which DROWOTA, J. and GAYDEN, Sp. J. Joseph M. Dalton, Jr. and Catherine S. Hughes, Nashville, Tennessee, for the appellant, Leyon Odell Beach.. Terry L. Hill, Manier & Herod, Nashville, Tennessee, for the appellees, Schwan's Enterprises, etc. et al . OPINION The claimant or appellant, Beach, is thirty years old and a high school graduate with two years of college. He has worked in the insurance business and in the music business, but apparently has no particular vocational training. In May of 1998, he was interviewed for a sales position at Schwan's Enterprises, a home delivery service. At the conclusion of the interview, he was told that the position would be offered to him if he successfully completed "ride day", the next step in the application process. Ride day was scheduled to occur on May 27, 1998. On that day, the claimant accompanied a salesperson and observed the interaction
