State vs. Kevin S. Phillips
03C01-9801-CR-00024
Trial Court Judge: R. Jerry Beck

Cora Moton v. Kellogg USA, Inc.
02S01-9803-CV-00023
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. James S. Russell,
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. 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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff did not make a meaningful return to work and therefore that the statutory cap of 2.5 times the anatomical impairment rating did not apply. The trial court awarded the plaintiff benefits based on 3.5 times Dr. Weems' rating of fifteen percent for a total permanent partial disability award of 52.5 percent to the body as a whole. The defendant raises the following issues: 1. Whether the trial court erred in finding that Plaintiff did not make a meaningful return to work? 2. Whether the trial court erred in relying on the deposition testimony of Dr. Thomas D. Weems rather than the deposition testimony of Dr. James T. Galyon? 3. Whether the trial court erred in awarding Plaintiff a permanent partial disability rating for vocational disability purposes of 52.5%? We affirm the judgment of the trial court. BACKGROUND The plaintiff, age 37 at the time of trial, is a high school graduate. She took over five years of college classes in English, Biology, and Chemistry from various institutions, but she holds no degrees. She is certified as a pharmacy technician and has worked in that field at a rate of $9.5 per hour. She also has work experience as a chemical analyst. In January 199, the plaintiff went to work for the defendant as an FMC operator in the manufacturing process of frozen waffles. She earned $11.65 per 2

Helen Mccurrie v. Eaton Corporation
02S01-9805-CH-00047
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. George E. Ellis,
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.

State vs. Charles Hayes
01C01-9804-CC-00176

State vs. Leslie R. Holt
01C01-9804-CR-00188
Trial Court Judge: J. O. Bond

01C01-9708-CR-00329
01C01-9708-CR-00329
Trial Court Judge: J. Randall Wyatt, Jr.

Jerry E. Biggs vs. State
01C01-9711-CR-00514
Trial Court Judge: Cheryl A. Blackburn

Charles Haynes vs. State
01C01-9803-CC-00142

Hopson v. Philips
03S01-9710-CV-00141
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Ben K. Wexler,
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 the action of the trial court in awarding plaintiff, Linda S. Hopson, 55% permanent partial disability to the left arm as a result of an accident while working for defendant, Philips Consumer Electronics. The circuit judge dismissed the case against the Second Injury Fund. Plaintiff, being dissatisfied with the award of benefits, contends the award should be increased. Linda Hopson was 42 years of age and is a high school graduate. She does not have any vocational training. She sustained a prior injury to her back during 1991 and was awarded 75% permanent partial disability to the body as a whole during a contested hearing in the Chancery Court for Greene County. The injury in the present action occurred on defendant's production line where she was required to use an air gun and to make repetitive arm movements. Her injury was to her left wrist and she is left-handed. She underwent surgery on November 8, 1994, when Dr. Christopher T. Lechner, an orthopaedic surgeon, repaired a partial tear of the ligament and noticed she had some synovitis (swelling); she was seen on regular basis and was still complaining of pain four months later. The doctor testified by deposition and said pain that late after surgery was not normal. He x-rayed her arm and noticed changes consistent with Kienbach's disease, which is a condition where the blood supply to lunate is not normal and the bone collapses. He stated this was a painful condition and required further surgery. The second surgery was performed on March 28, 1995 when the lunate was removed and the wrist was stabilized "by fusing three of the remaining six bones together". He also described the event as "taking the painful bone out and then to give her a stable wrist, although she knew that it would be a stiffer wrist as well". This surgery went well but she still had discomfort after a reasonable healing period and Dr. Lechner recommended she get a second opinion from another hand surgeon. Plaintiff saw Dr. Joseph C. DeFiore, Jr. and his report was introduced into evidence. He concurred with Dr. Lechner's diagnosis and treatment and stated "it is 2

Suerth v. Red Kap
03S01-9803-CH-00024
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Frank V. Williams, 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.

03A01-9804-CV-00145
03A01-9804-CV-00145

03A01-9804-CV-00145
03A01-9804-CV-00145

Tn Farmers Mutual Ins. vs. Inman
03A01-9808-CV-00246

Sherer vs. Linginfelter
03A01-9805-CV-00168

Ellis vs. Trentham
03A01-9806-CH-00204

Stewart vs. Stewart
03A01-9806-CV-00180

State vs. Rema Morgan
03C01-9803-CR-00123
Trial Court Judge: W. Lee Asbury

State vs. Brian Thomas Kluever
03C01-9805-CC-00170
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Delivetrick Blocker
03C01-9803-CR-00120

State vs. Tyrone Chalmers
02C01-9703-CR-00109
Trial Court Judge: James C. Beasley, Jr.

State vs. Devon Crawford
02C01-9803-CR-00061
Trial Court Judge: James C. Beasley, Jr.

State vs. Donald Culbreath & Genna McCallie
02C01-9805-CR-00145

State vs. Thomas Boone
02C01-9805-CR-00146

State vs. Francesca Turner & Charles Taylor
02C01-9806-CC-00189

Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services
03A01-9804-CV-00139
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Judge W. Neil Thomas, III

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination: