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| Archie v. Montague,
W1999-01863-CA-R3-PC
|
Carroll County | Court of Criminal Appeals | 01/12/00 | |
| State vs. Runako Blair
W1999-01847-CCA-R3-PC
|
Shelby County | Court of Criminal Appeals | 01/12/00 | |
| Thomas Richard Cate v. Charles Tooley, d/b/a Tooley Automatic Transmission Service
03S01-9810-CV-00118
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 employee appeals the dismissal of his claim for workers' compensation benefits. The trial court found (1) that Thomas Richard Cate was not acting in the course and scope of his employment with Charles Tooley d/b/a Tooley Automatic Transmission Service (hereafter "Charles Tooley") when he was injured, and (2) that Mr. Cate failed to give the required statutory notice of the injury to his employer. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. Richard R. Vance, |
Knox County | Workers Compensation Panel | 01/12/00 | |
| State vs. Raymond Paul Duncan
03C01-9706-CR-00208
Originating Judge:Arden L. Hill |
Washington County | Court of Criminal Appeals | 01/12/00 | |
| 02C01-9901-CR-00007
02C01-9901-CR-00007
|
Shelby County | Court of Criminal Appeals | 01/12/00 | |
| Judy Ann Walker v. Kingston Warren Corporation and Hartford Casualty Insurance Company
03S01-9902-CV-00025
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 trial court awarded plaintiff, Judy Ann Walker, 56% permanent disability benefits to the body as a whole. In ruling on the issues, the court found plaintiff had sustained two ruptured discs and held the first injury was compensable but the second injury was not work-related. The employer, Kingston Warren Corporation, has appealed insisting the trial court was in error in holding the first ruptured disc was work-related and also raising a notice question regarding the first injury. The employee also appeals arguing the award for the first injury should be increased and that the second injury was work-related. We have carefully examined the record and must conclude the evidence does not preponderate against the findings of the trial court. Plaintiff was 5 years of age and had been working for Kingston several years. She was assigned to new work duties about two weeks before the day in question. The new job required her to operate a molding machine. She stated the machine was new and it was difficult to open and close and it involved a great deal of movement of her arms to operate it correctly. She testified that on Friday, April 26, 1996, while working at the machine, she began to experience pain in her back; she started perspiring and became nauseated. She testified she finished the work shift and was not feeling any better as she left work; that she thought she had a kidney infection as she had these same symptoms before with an infection of this nature. Plaintiff testified that upon reaching her home, she could not get out of the car and she sounded the horn until her husband came out and assisted her into the house. At this time she said she was having severe muscle spasm along with back and leg pain. On Monday, April 29, 1996, she stated she called the company nurse and told her she was sick and that she had started having a backache at work but thought she just had a kidney infection. Sometime later she applied for short- term disability insurance benefits and indicated on the application the event was not work- related. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Ben K. Wexler, Circuit Judge |
Knox County | Workers Compensation Panel | 01/12/00 | |
| State vs. Darrell Hayes
W1999-01850-CCA-R3-CO
|
Lake County | Court of Criminal Appeals | 01/12/00 | |
| State vs. Barry Kirk
W1999-01838-CCA-R3-CD
Originating Judge:David G. Hayes |
Fayette County | Court of Criminal Appeals | 01/12/00 | |
| State vs. David Brown
W1999-01841-CCA-R3-CO
|
Lauderdale County | Court of Criminal Appeals | 01/12/00 | |
| Dexter Williams vs. State
E1999-00871-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:W. Dale Young |
Blount County | Court of Criminal Appeals | 01/11/00 | |
| State vs. Connie Arnold
03C01-9902-CR-00081
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 01/11/00 | |
| Sam Posey vs. City of Memphis
W1999-02225-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 01/11/00 | |
| Olanda Carter vs. R.J. Reynonlds
W1999-02233-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 01/11/00 | |
| State vs. Laconia Lamar Bowers
E1999-00170-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 01/11/00 | |
| Alonzo Bonner vs. Transcon Corp.
W1999-02205-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George Brown |
Shelby County | Court of Appeals | 01/11/00 | |
| Lisa Norton vs. Max Norton
W1999-02176-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 01/10/00 | |
| El Ahkeen vs. Tony Parker
W1998-00640-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 01/10/00 | |
| Robert Stewart vs. Lynda Stewart
W1999-02185-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 01/10/00 | |
| Chapman vs. Jones
M1999-02178-COA-R9-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Russell Heldman |
Hickman County | Court of Appeals | 01/10/00 | |
| Doyle vs. Cole and NES
M1999-02115-COA-R9-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 01/10/00 | |
| Consumer Advocate vs. TRA
M1999-02151-COA-R12-CV
Authoring Judge: Judge Ben H. Cantrell
|
Court of Appeals | 01/10/00 | ||
| Lillie Mays vs. Fred's Inc.
W1999-02189-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 01/10/00 | |
| Lana R. Woods v. Modine Manufacturing Company
03S01-9807-CH-00143
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). At the time of trial, the plaintiff was 24 years of age. He had a high school diploma and some college hours. Prior to working for the defendant, the plaintiff worked as a salesperson in retail stores.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Hon. Jean A. Stanley |
Knox County | Workers Compensation Panel | 01/10/00 | |
| Wachovia vs. Johnson
M1999-00166-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/10/00 | |
| Farley vs. Leblanc
M1999-02155-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Barry R. Brown |
Davidson County | Court of Appeals | 01/10/00 |