State vs. John Gilbreath
01C01-9801-CR-00034

Davidson Court of Criminal Appeals

01A01-9708-CH-00417
01A01-9708-CH-00417
Trial Court Judge: Henry F. Todd

Court of Appeals

Lessley vs. Shope, Jr.
01A01-9710-CV-00617
Trial Court Judge: Carol A. Catalano

Robertson Court of Appeals

State vs. Ralph Cooper
02C01-9709-CR-00339
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

01A01-9806-CH-00304
01A01-9806-CH-00304

Court of Appeals

State vs. Chris W. Frame
01C01-9708-CC-00332
Trial Court Judge: Thomas W. Graham

Franklin Court of Criminal Appeals

Liberty Mutual Ins. v. Larry Brinton, Jr.
03S01-9706-CH-00072
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Sharon Bell,
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. This appeal presents a novel issue arising from the provisions of T.C.A. _ 5- 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. The complaint alleged plaintiff was the workers' compensation insurance carrier for Macawber Engineering, Inc. and one of their employees, Lonnie D. Roberts, contended he sustained a work-related injury (heart attack) on July 19, 1993, as a result of stress due to overtime work and excessive heat at his workplace; that upon reviewing the claim plaintiff denied the heart attack was work- related and declined to pay benefits and medical expenses; that the claim was reviewed by a workers' compensation specialist who ordered plaintiff to pay temporary total disability benefits of $6,526.52 for a period beginning July 2, 1993 to January 17, 1994, and plaintiff complied with this order; that sometime after February 14, 1994, the Department of Labor determined the claim was not compensable as the heart attack was not work-related; that plaintiff made a demand upon the state Second Injury Fund for a refund which was declined. The complaint alleges that a copy of the state department's order to pay, drafts issued by plaintiff in satisfaction of the order and a copy of the department's order denying plaintiff's claim were attached to the complaint as exhibits but the certified record does not contain any of these documents. Defendant answered the complaint by alleging it was without sufficient information or knowledge to form a belief as to the allegations and strict proof of same was demanded. For further answer it was alleged that T.C.A. _ 5-6-238 allowed a workers' compensation insurance carrier to receive a refund under circumstances as alleged in the complaint when the Defendant was furnished a copy of a court order finding the claim was not compensable and since no such order had been submitted to it, the claim for a refund was premature. 2

Knox Workers Compensation Panel

State vs. McCarter
03C01-9707-CC-00238
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Leming
03C01-9709-CC-00426

Sevier Court of Criminal Appeals

State vs. Clark
03C01-9706-CR-00227
Trial Court Judge: Ben W. Hooper, II

Sevier Court of Criminal Appeals

Ernestine Cole vs. State of TN
02A01-9801-BC-00004

Court of Appeals

Susan Todd/State vs. Weakley Co.
02A01-9708-CV-00197
Trial Court Judge: William B. Acree

Weakley Court of Appeals

Sarah Wilkerson vs. Robert Wilkerson
02A01-9709-CV-00231
Trial Court Judge: James E. Swearengen

Shelby Court of Appeals

Nashville Electric Service vs. Stone
01A01-9708-CV-00383
Trial Court Judge: Walter C. Kurtz

Davidson Court of Appeals

Harpeth Valley Utilities Dist., vs. Metro. Gov't.
01A01-9712-CH-00699

Court of Appeals

State vs. Earnest Travis
01C01-9706-CC-00215
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

Deon Braden vs. State
01C01-9708-CC-00351

Maury Court of Criminal Appeals

State vs. Derrick Burkeen
01C01-9708-CC-00358
Trial Court Judge: J. Curwood Witt

Maury Court of Criminal Appeals

State vs. Andre Parks
01C01-9709-CC-00389

Lincoln Court of Criminal Appeals

Willis, et. al. vs. Franklin Co. Bd. of Education
01A01-9606-CH-00266
Trial Court Judge: John W. Rollins

Franklin Court of Appeals

Trail vs. Transportation Management Svcs., et. al.
01A01-9607-CH-00314
Trial Court Judge: Robert E. Corlew, III

Rutherford Court of Appeals

Allen vs. Wiseman
01A01-9710-CV-00565
Trial Court Judge: Bobby H. Capers

Rutherford Court of Appeals

Donoho vs. Donoho, Jr.
01A01-9802-CV-00070
Trial Court Judge: Bobby H. Capers

Wilson Court of Appeals

State vs. Welcome
03C01-9709-CR-00387

Knox Court of Criminal Appeals

03C01-9704-CC-00146
03C01-9704-CC-00146
Trial Court Judge: Buddy D. Perry

Bledsoe Court of Criminal Appeals