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| Owner-Operator Ind. Drivers Assoc., et al vs. Concord EFS, et al
M1999-02560-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 02/29/00 | ||
| M1999-2664-COA-R3-CV
M1999-2664-COA-R3-CV
Originating Judge:William C. Koch |
Court of Appeals | 02/29/00 | ||
| Adams vs. Cooper
M1999-02664-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Patricia J. Cottrell |
Cheatham County | Court of Appeals | 02/29/00 | |
| RE: The matter of Ashley Michele Menard
M1999-00117-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Montgomery County | Court of Appeals | 02/29/00 | |
| E1999-01471-COA-R3-CV
E1999-01471-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Cumberland County | Court of Appeals | 02/29/00 | |
| E1999-02448-COA-R3-CV
E1999-02448-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
|
Blount County | Court of Appeals | 02/29/00 | |
| Environmental Abatement, Inc. vs. Astrum R.E. Corp.
M1998-00871-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
|
Rutherford County | Court of Appeals | 02/29/00 | |
| Hoalcraft vs. Smithson
M1999-00143-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 02/29/00 | |
| M1999-01064-CCA-R3-CD
M1999-01064-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Jane W. Wheatcraft |
Court of Criminal Appeals | 02/29/00 | ||
| Lawrence Taylor v. Pya/Monarch, Inc., et al
M1999-01766-SC-WCM-CV
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;
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert E. Corlew, III, Chancellor |
Lawrence County | Workers Compensation Panel | 02/29/00 | |
| Papachristou vs. The University of TN
M1999-00960-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/29/00 | |
| Flora Richardson v. Saturn Corporation
M1998-00080-WC-R3-CV
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; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert L. Holloway, |
Maury County | Workers Compensation Panel | 02/29/00 | |
| Crump vs. TN Civil Service Commission
M1999-02677-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/29/00 | |
| E1999-01610-COA-R3-CV
E1999-01610-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
|
Polk County | Court of Appeals | 02/28/00 | |
| Barry L. Blackwell v. Madison County Sheriff's Dept.
W1998-00280-SC-WCM-CV
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case arises out of heart problems suffered by a sheriff's deputy. The trial court found that the plaintiff was entitled to the statutory presumption in Tennessee Code Annotated _ 7-5-21(a)(1) allowing the court to presume that a law enforcement officer's heart problems are work-related. The trial court found that the plaintiff suffered a 3 percent permanent partial disability to the body as a whole from this injury. Further, the trial court found that a bomb scare on June 3, 1996, was a precipitating factor that caused the plaintiff's problems. The defendant appeals the decision of the trial court, alleging that the court erred in finding that the plaintiff was entitled to the statutory presumption of causation. The plaintiff argues that the trial court correctly found that the presumption applies. He further argues that, even without the presumption, the preponderance of the evidence establishes that the plaintiff's injury arose out of and in the course of his employment with the defendant. Review of the findings of fact made by the trial court is de novo upon the record, 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 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). However, considerable deference must be given the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991). After a review of the entire record, briefs of the parties and applicable law, we REVERSE the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Hon. Joe C. Morris |
Madison County | Workers Compensation Panel | 02/28/00 | |
| E1999-00557-CCA-MR3-CD
E1999-00557-CCA-MR3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 02/28/00 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/28/00 | ||
| EI999-00286-COA-R3-CV
EI999-00286-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| E1999-02128-COA-R3-CV
E1999-02128-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
|
Washington County | Court of Appeals | 02/28/00 | |
| E1999-01033-COA-R3-CV
E1999-01033-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Blount County | Court of Appeals | 02/28/00 | |
| ) Hon. F Rank v. Will Iams, Iii
E1999-1570-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| E1999-02318-COA-R3-CV
E1999-02318-COA-R3-CV
|
Court of Appeals | 02/28/00 | ||
| David Coleman v. Lumberman's Mutual Casualty Co.
W1998-00948-SC-WCM-CV
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). This Court now determines where the preponderance of the evidence lies.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Neal Small, Chancellor |
Shelby County | Workers Compensation Panel | 02/28/00 | |
| Jacqueline Lindbloom v. Metro 8 Sheet Metal, Inc.
03S01-9810-CH-00115
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of Tennessee Code Annotated _50-6-225 (e) (3) (1998 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant raises two issues for consideration by the Court: 1) whether the Trial Court's award of permanent partial disability payments of forty percent to the leg is supported by the facts and the evidence, and 2) whether an award for temporary partial disability benefits is justified by the evidence. After consideration of all of the evidence and the applicable law, we find that the judgment of the Trial Court should be modified with respect to both issues, and otherwise affirmed and remanded.
Authoring Judge: Special Judge Robert E. Corlew, III
Originating Judge:Hon. W. Frank Brown, III |
Knox County | Workers Compensation Panel | 02/28/00 |