Florine Vandyke v. Plumley Rubber Company and Liberty Mutual Insurance Co.
02S01-9604-CV-00039
Authoring Judge: Special Judge Billy Joe White
Trial Court Judge: Hon. C. Creed Mcginley,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employee's health plan. The panel agrees and reverses the judgment of the trial court. It was stipulated that the employee's total medical expenses totaled $22,278.55. It was further stipulated that the Plaintiff had paid prior to trial $669.29 in out-of-pocket medical expenses. Her remaining medical expenses were paid by Plumley through its group health care plan. The insurance company paid the remainder. The parties further stipulated that Plumley's group health insurance plan did not contain a specific set-off clause for workers' compensation benefits. Plumley is self-insured for group health benefits. This panel holds that under T.C.A. _ 5-6-24 that the employer is responsible for payment of medical expenses and that the employee is not entitled to a judgment against the employer for medical bills which have already been paid. This panel holds that this case is controlled by Bituminous Casualty Corp. v. Smith, 288 S.W.2d, 913, 916 (Tenn. 1956). The judgment of the trial court is reversed and remanded for appropriate action under this decision. The costs are taxed to the Plaintiff/Appellee.

Arthur Blair v. Marilyn Badenhope - Concurring
03A01- 9604- CH- 00128
Authoring Judge: Judge Herschel P. Franks
Trial Court Judge: Chancellor Dennis H. Inman

Joy Badenhope is the child of Susan Badenhope and Arthur Blair.  Susan Badenhope, a resident of North Carolina, died when the child was less than one year old.  After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee.  The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mother's death.  The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody.

Faye Louise Taylor Chadwell, v. Albert Chadwell and Consolidation Coal Company
03A01-9601-GS-00007
Authoring Judge: Presiding Judge Houston M. Goddard
Trial Court Judge: Chancellor Billy Joe White

In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties' divorce were marital assets and that his former wife, Fay Louise Taylor Chadwell, was entitled to a judgment against him of $94,320, which included the interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal.

Debra Jewell Young Ford v. Dennis Clifford Ford
03A01-9606-CH-00197
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Chancellor Earl H. Henley

This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court.

Fred Johns, Administrator of The Estate of Sue Eva Johns, v. Takoma Adventist Hospital
03A01-9604-CV-00130
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge John K. Wilson

In this action for damages for personal injuries to the deceased, the complaint alleged the deceased was placed in a room while in defendant hospital, and on April 18, 1991, she ws found lying on the floor with injuries about her head and face. It was further alleged that it was not learned until wll after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen...

Susan Renee Wright Williamson v. John Houston Williamson
03A01-9602-DR-00073
Authoring Judge: Judge Herschel Pickens Franks
Trial Court Judge: Judge William R. Brewer, Jr.

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

State of Tennessee, v. Brian K. Collins
03C01-9510-CC-00305
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge R. Jerry Beck

The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right.

State of Tennessee, v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

State of Tennessee v. John Russell Turner
03C01-9510-CC-00321
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, John Russell Turner, appeals from his conviction by a juryfor driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, theappellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle.

Gregory Leverett v. State of Tennessee
03C01-9511-CR-00362
Authoring Judge: Paul G. Summers
Trial Court Judge: Hon. Douglas A. Meyer, Judge
The appellant, Gregory Leverett, pled guilty to rape. He was sentenced to twelve years incarceration. He petitioned for post-conviction relief. The petition was dismissed as untimely. He now appeals that dismissal. We respectfully reverse and remand for an evidentiary hearing.

Kenneth Fuller v. Liberty Mutual Insurance Company, Madison Industries, Inc. and Sue Ann Head, Director of The Division of Workers Compensation, Tennessee Department of Labor
02S01-9508-CV-00076
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Whit Lafon,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee or claimant, Fuller, contends "the trial court erred in limiting his permanent total disability award to a maximum total benefit of one hundred forty-two thousand, three hundred eighty-eight dollars ($142,388.), as opposed to ordering lifetime benefits pursuant to Tenn. Code Ann. 5-6-27(4)(A), when the employee was found to be totally disabled." The Second Injury Fund (the Fund) contends the evidence preponderates against the trial court's finding that the claimant is permanently and totally disabled as a result of a work-related injury by accident. The panel concludes the judgment should be modified as provided herein. The claimant has three infirmities. He has a pre-existing avascular necrosis, which was surgically treated and from which he rehabilitated himself and worked for the employer, Madison Industries; he has carpal tunnel syndrome, which he gradually developed from repetitive use of his hands at Madison Industries; and he has Raynaud's disease or mixed connective tissue disorder, vasculitis, unrelated to any on-the-job injury. At the time of the trial, the claimant was thirty-seven years old and had a high school education and a drafting diploma. His working history includes bagging groceries, stocking shelves, operating machines, driving forklifts and production work, as well as drafting. In 1985, Dr. James Warmbrod, an orthopedic surgeon, performed hip surgery on the claimant's hips for bilateral avascular necrosis, secondary to chronic alcoholism. The same doctor performed bilateral carpal tunnel release surgery on the claimant in 1993, after the claimant developed bilateral carpal tunnel syndrome from his work for the employer. Dr. Warmbrod assigned ten percent permanent impairment to both arms and suggested that the claimant be limited to light, sedentary work and not do repetitive work with his hands. The doctor also suggested that, because of the claimant's vasculitis in both arms, which was diagnosed after he developed carpal tunnel syndrome, that he should work in a warm environment. Dr. Robert Winston, an internist, conducted an independent medical examination on June 21, 1994, after vasculitis had been diagnosed, and concluded that the claimant was permanently and totally disabled. The doctor assigned twelve to fifteen percent permanent impairment to each upper extremity and forty percent to the pre-existing hip condition. The trial court found the claimant to be permanently and totally disabled as a result of all three infirmities and awarded benefits accordingly, not to exceed $142,388., the maximum disability award allowable under the 2

Gary W. Hardin v. Great Rivers Employment Aptitude and Technical Service, Inc., et al
02S01-9603-CH-00028
Authoring Judge: Special Judge Billy Joe White
Trial Court Judge: Hon. Joe E. Morris,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends that no notice was given by the employee. The panel concludes the judgment should be affirmed as modified. On January 16, 1995, Plaintiff began working at Young Radiator Company as a welder. (T.T. at 16). Plaintiff testified that after he had been working for a period of three weeks, he experienced pain and numbness in his left hand. (T.T. at 17-18). Plaintiff went to see Dr. Charles White of his own accord on February 6, 1995, and paid for the visit through TennCare. (T.T. at 5, 18, 51). Plaintiff testified that he continued to have pain and numbness in his hand and saw Dr. John Phillips on February 22, 1995. (T.T. at 22). Dr. Neblett first saw Plaintiff on February 27, 1995. (Neblett Depo. at 3). Following Dr. Neblett's evaluation, Plaintiff elected to have carpal tunnel release surgery, which was performed on March 9, 1995. (Neblett Depo. at 5-6). The Plaintiff testified that the pain started when he banged on metal and this was what he told his doctors. (T.T. at 61). He further testified, ". . . (b)ut I told them that I didn't know exactly, you know, if that was the cause or not, because I didn't know because I'm not a doctor." (T.T. at 61). Casual connection between the injury and work was related to the employee on March 31, 1995 by Dr. Neblett. (T.R. at 58). Written notice was provided to the employer on April 5, 1995. This panel finds that notice was given within thirty (3) days of knowledge of his injury pursuant to T.C.A. _ 5-6-21 and this case should be affirmed on this issue.

Gary W. Hardin v. Great Rivers Employment Aptitude and Technical Service, Inc., et al
02S01-9603-CH-00028
Authoring Judge: Special Judge Billy Joe White
Trial Court Judge: Hon. Joe E. Morris,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends that no notice was given by the employee. The panel concludes the judgment should be affirmed as modified. On January 16, 1995, Plaintiff began working at Young Radiator Company as a welder. (T.T. at 16). Plaintiff testified that after he had been working for a period of three weeks, he experienced pain and numbness in his left hand. (T.T. at 17-18). Plaintiff went to see Dr. Charles White of his own accord on February 6, 1995, and paid for the visit through TennCare. (T.T. at 5, 18, 51). Plaintiff testified that he continued to have pain and numbness in his hand and saw Dr. John Phillips on February 22, 1995. (T.T. at 22). Dr. Neblett first saw Plaintiff on February 27, 1995. (Neblett Depo. at 3). Following Dr. Neblett's evaluation, Plaintiff elected to have carpal tunnel release surgery, which was performed on March 9, 1995. (Neblett Depo. at 5-6). The Plaintiff testified that the pain started when he banged on metal and this was what he told his doctors. (T.T. at 61). He further testified, ". . . (b)ut I told them that I didn't know exactly, you know, if that was the cause or not, because I didn't know because I'm not a doctor." (T.T. at 61). Casual connection between the injury and work was related to the employee on March 31, 1995 by Dr. Neblett. (T.R. at 58). Written notice was provided to the employer on April 5, 1995. This panel finds that notice was given within thirty (3) days of knowledge of his injury pursuant to T.C.A. _ 5-6-21 and this case should be affirmed on this issue.

02C01-9509-CC-00262
02C01-9509-CC-00262
Trial Court Judge: Joe G. Riley. Jr.

02C01-9506-CC-00172
02C01-9506-CC-00172
Trial Court Judge: Joseph H. Walker, III

02C01-9505-CC-00147
02C01-9505-CC-00147
Trial Court Judge: Dick Jerman, Jr.

02C01-9505-CC-00147
02C01-9505-CC-00147
Trial Court Judge: Dick Jerman, Jr.

02C01-9503-CC-00065
02C01-9503-CC-00065

02C01-9508-CC-00248
02C01-9508-CC-00248

02C01-9403-CC-00044
02C01-9403-CC-00044

02C01-9503-CC-00256
02C01-9503-CC-00256

Michael Eugene Sample v. State of Tennessee
02C01-9505-CR-00131
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Bernie Weinman

After a thorough review of the record and authority, we conclude that the trial court erred in dismissing the petitions. The trial court’s judgments are reversed, and these cases are remanded for further proceedings consistent with this opinion.

02C01-9509-CR-00274
02C01-9509-CR-00274

02C01-9509-CC-00281
02C01-9509-CC-00281
Trial Court Judge: John Franklin Murchison

02C01-9506-CC-00170
02C01-9506-CC-00170
Trial Court Judge: Julian P. Guinn