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| Turner vs. TN Board of Paroles
01A01-9803-CH-00144
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/18/99 | |
| Allen vs. Donal Campbell
01A01-9804-CH-00199
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/18/99 | |
| State vs. Guillermo Juan
03C01-9708-CR-00318
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 02/18/99 | |
| Smith vs. Donal Campbell
01A01-9804-CH-00201
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/18/99 | |
| State vs. James Clinton Wolford
03C01-9708-CR-00319
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 02/18/99 | |
| State vs. Gilbert Smith
03C01-9708-CC-00360
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 02/18/99 | |
| Russell vs. Mid-South Insurance et al
01A01-9803-CV-00135
Originating Judge:Patricia J. Cottrell |
Court of Appeals | 02/18/99 | ||
| Baldwin et al vs. Pirelli Armstrong et al
01A01-9804-CV-00195
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/18/99 | |
| Mcgaha v. U.S. Marine
03S01-9711-CV-00137
Authoring Judge: John S. Mclellan, III
Originating Judge:Hon. Ben W. Hooper, Circuit Judge |
Knox County | Workers Compensation Panel | 02/17/99 | |
| State vs. Marty Thatcher
03C01-9710-CC-00446
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 02/17/99 | |
| State vs. Darryl Kennedy
02C01-9708-CR-00318
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 02/17/99 | |
| State vs. Robert Gillespie
03C01-9710-CC-00455
|
Rhea County | Court of Criminal Appeals | 02/17/99 | |
| Hamilton v. Life Care Center
03S01-9712-CH-00143
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 employer, Life Care Center, insists the evidence preponderates against the trial court's finding that the injury to the employee or claimant, Hamilton, is permanent or, alternatively, that the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. It is undisputed that, on September 15, 1993, the claimant slipped on a wet floor and fell backward, hitting the back of her head on a hard floor, while working for the employer. After a trial, the trial judge awarded permanent partial disability benefits based on forty percent to the body as a whole. The extent of an injured worker's disability is an issue of fact. Jaske v. Murray Ohio Mfg. Co., 75 S.W.2d 15 (Tenn. 1988). Thus, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). The claimant was forty-five years old at the time of her injury, with a high school education. She worked for Life Care Center as a nurse's assistant and had a second job as a greeter for Wal-Mart. Her work for Life Care required some heavy lifting and other strenuous work, whereas her work as a greeter for Wal-Mart was not very strenuous. She has never before made a claim for an injury to her head or neck. On the day of the accident, it had been raining heavily. As the claimant entered the building to attend classes for obtaining certification as a nurse's aide, her feet suddenly went out from under her and she fell, striking the back of her head on the tile floor. According to her testimony, accredited by the findings 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Earl Henley, |
Knox County | Workers Compensation Panel | 02/17/99 | |
| State vs. Cedric Dickerson
02C01-9802-CR-00051
|
Shelby County | Court of Criminal Appeals | 02/17/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 02/17/99 | |
| State vs. Timothy Wayne Reece
03C01-9803-CR-00098
Originating Judge:Arden L. Hill |
Carter County | Court of Criminal Appeals | 02/17/99 | |
| State vs. Paul Dejongh
03C01-9806-CR-00211
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 02/16/99 | |
| Rhea v. Modine
03S01-9710-CV-00124
Authoring Judge: John S. Mclellan, III
Originating Judge:Hon. James B. Scott, Jr. |
Rhea County | Workers Compensation Panel | 02/16/99 | |
| Bradson Mercantile vs. Joseph Crabtree
02A01-9710-CV-00272
|
Shelby County | Court of Appeals | 02/16/99 | |
| Barbara Jordan vs. Sofamor S.N.C.
02A01-9803-CV-00067
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 02/16/99 | |
| William Terry Wyatt
03C01-9802-CC-00057
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 02/16/99 | |
| State vs. Leonard Prater
01C01-9710-CC-00499
|
Coffee County | Court of Criminal Appeals | 02/16/99 | |
| 02A01-9804-CV-
02A01-9804-CV-
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 02/16/99 | |
| Hooker vs. Thompson
01A01-9709-CH-00533
|
Supreme Court | 02/16/99 | ||
| State vs. Leonard Prater
01C01-9710-CC-00499
|
Coffee County | Court of Criminal Appeals | 02/16/99 |