APPELLATE COURT OPINIONS

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State vs. Michael Samuel Eidson

03C01-9711-CR-00506

Originating Judge:R. Jerry Beck
Court of Criminal Appeals 03/24/99
Mickey Cresong vs. State

03C01-9801-CR-00003

Originating Judge:Arden L. Hill
Sullivan County Court of Criminal Appeals 03/24/99
State vs. Arthur Ireson

03C01-9711-CR-00495

Originating Judge:Phyllis H. Miller
Sullivan County Court of Criminal Appeals 03/24/99
Cleveland Surgery Center vs. Bradley Co. Hospital

03A01-9804-CH-00120
Bradley County Court of Appeals 03/24/99
Horton vs. Mountain Life

03A01-9809-CV-00287
Court of Appeals 03/24/99
Hill vs. Hill

03A01-9804-CV-00127
Hamblen County Court of Appeals 03/24/99
Cammuse vs. Davidson Co. District Atty

01A01-9709-CH-00503

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 03/24/99
Estate of Wolfe vs. Matthews

03A01-9808-PB-00249
Sevier County Court of Appeals 03/24/99
Cleveland Surgery Center vs. Bradley Co. Hospital

03A01-9804-CH-00120
Bradley County Court of Appeals 03/24/99
Bunch vs. Bunch

03A01-9805-GS-00156
Roane County Court of Appeals 03/24/99
State vs. Chris Freeman

02C01-9807-CC-00202

Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 03/24/99
Ruth vs. Cove Creek

03A01-9805-CH-00167
Court of Appeals 03/24/99
State vs. Kobel

03A01-9807-JV-00218
Court of Appeals 03/24/99
Estate of Key vs. Hamilton Co. Nursing

03A01-9810-CH-00319
Hamilton County Court of Appeals 03/24/99
Burrell vs. Burrell

03A01-9809-CV-00291
Court of Appeals 03/24/99
Bradley v. Deroyal

03S01-9802-CH-00018
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.
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Frederick Mcdonald,
Bradley County Workers Compensation Panel 03/24/99
Keener vs. Knox Co.

03A01-9806-CV-00193
Knox County Court of Appeals 03/24/99
State vs. Jerry Patterson

02C01-9802-CC-00039

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 03/24/99
State vs. Chesley Randell Thompson

03C01-9807-CC-00238

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 03/24/99
Terry vs. Shady Cove Homeowners Assoc.

03A01-9810-CV-00358
Court of Appeals 03/24/99
State vs. Johnny Martin

03C01-9711-CR-00520

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 03/23/99
Brogdon v. Chattanooga General Ser.

03S01-9803-CV-00021
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 defendant appeals from an order of the trial judge entered on the 26th day of January 1998 which set aside a portion of a final judgment in an approved settlement of a compensation claim made by the plaintiff against the defendant. The approved settlement and judgment thereon was entered on October 11, 1996, and among the provisions therein was the approval of medical care for a period of one year. The care was to be provided by Dr. Lester F. Littell, an orthopedic surgeon. In addition, a fund of $2,1.4 was established for future medical care. On October 6, 1997, the plaintiff filed a motion to set aside or modify the judgment, asking that he be allowed to be seen by another or other doctors to determine if he should have back surgery. No evidence was introduced in the hearing on the motion, although there were medical records from Dr. Littell and Dr. George Seiters, also an orthopedic surgeon. Both of these physicians were of the opinion the plaintiff did not require surgery. In a sworn affidavit, the plaintiff alleged he was not allowed by the defendant to obtain a second opinion on whether he needed surgery. This statement was false. The insurance carrier as well approved an examination by Dr. Seiters, and Dr. Littell's notes reflect he referred the plaintiff to Dr. Seiters. We are somewhat hampered in this case by the fact that counsel for the plaintiff withdrew as counsel in accordance with the rule allowing withdrawal. The 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Robert M. Summitt,
Knox County Workers Compensation Panel 03/23/99
State vs. Leland Ray Reeves

01C01-9711-CR-00515

Originating Judge:J. O. Bond
Court of Criminal Appeals 03/23/99
State vs. Michael Allen Price

01C01-9803-CC-00126
Dickson County Court of Criminal Appeals 03/23/99
State vs. Leland Ray Reeves

01C01-9711-CR-00515

Originating Judge:J. O. Bond
Macon County Court of Criminal Appeals 03/23/99