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| State vs. Chloe Clark
01C01-9704-CC-00134
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Winn
03C01-9702-CR-00081
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| State vs. McConnell
03C01-9604-CC-00148
|
Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Willliam Trotter .
01C01-9701-CR-00019
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 02/24/98 | |
| Chad Swatzell vs. State
01C01-9604-CC-00154
|
Williamson County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Robert Bitner
02C01-9705-CC-00177
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 02/24/98 | |
| Joseph D. Lewis v. The Yasuda Fire & Marine Ins. Co., et al.
01S01-9702-CV-00036
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Lewis County | Workers Compensation Panel | 02/24/98 | |
| State vs. Leon Woodlee
01C01-9611-CC-00465
|
Warren County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Donald Long
02C01-9610-CC-00362
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 02/24/98 | |
| Ulyes Williams v. City of Knoxville
03S01-9706-CV-00070
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. The City of Knoxville contends (1) the claim is barred by the statute of limitations and (2) the trial court erred in not accepting the opinion testimony of the treating physician. The claimant contends the trial court erred in allowing credit for overpaid temporary total disability benefits. The panel has concluded the judgment should be affirmed. The claimant, Williams, has less than an eighth grade education, little or no reading or writing skills and no vocational training. He was 39 years old at the time of the trial. He has worked for the city since about 1988, first as a laborer and later as tractor-mower operator. In 1992, he suffered a compensable back injury, was temporarily disabled and returned to work until September 18, 1995, when he re-injured his back at work. Back surgery was performed on or about November 18, 1995 and he returned to work around March 1, 1996 for a few weeks, quit because of post-surgical problems, then returned again around July 1, 1996. He has since been terminated. This civil action was commenced on March 29, 1996. The defendant filed and served its answer on April 26, 1996, but did not aver therein that the claim was barred by any statute of limitations. That a claim is so barred is an affirmative defense and the facts constituting such defense must be set forth in short and plain terms in a defendant's answer. Tenn. R. Civ. P. 8.3. Moreover, the record fails to establish that the claimant had fair notice of the employer's intention to assert the statute of limitations as a defense. The defense was thus waived. Tenn. R. Civ. P. 12.8. Additionally, the panel finds the defense to be without merit. The first issue is resolved in favor of the appellee. As the employer insists, citing Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991), the trial judge must choose which of conflicting expert medical opinions to accept. We are aware of no rule which 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dale C. Workman |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State vs. Jeffery Casey
02C01-9701-CC-00015
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 02/24/98 | |
| James Peeler v. Methodis Medical Center
03S01-9704-CH-00045
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. The appellant contends the trial court erred (1) in finding a causal relationship between the claimant's employment and his injury and (2) in finding the claimant will retain permanent partial disabilities of forty-five percent to the right arm and thirty percent to the left arm. As discussed below, the panel has concluded the judgment should be affirmed. The claimant or employee is thirty years old with a GED. He is a certified nursing assistant and had, at the time of his injury, worked for the employer, Methodist Medical Center, since 1991 as an attendant. His duties included turning, bathing, weighing and walking patients and pushing stretchers and wheel chairs of patients. He gradually developed carpal tunnel syndrome. Dr. Eugenio Vargas treated the claimant and ultimately performed bilateral carpal tunnel surgery. He testified the injuries were causally related to the claimant's job and that he would retain a ten percent permanent impairment to both arms. Dr. Clifford Posman viewed the claimant's medical records, including the reports of Dr. Vargas, and opined that the claimant's injuries were not work-related. Rodney Caldwell, a vocational consultant, opined the claimant was forty-seven percent vocationally disabled. The trial court found the injuries to be compensable and fixed the claimant's permanent partial disability at thirty-seven and one-half percent to both arms.1 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). From a careful consideration of the medical and lay proof in this case, the panel is unable to say the evidence preponderates against the trial judge's finding that the injuries are work-related. The first issue is resolved in favor the employee. 1 More precisely, the trial judge awarded benefits on the basis of 45% to the right arm and 3% to the left arm, which equates to 37 1/2% to both arms, a scheduled injury. 2/24/98
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| Bridgestone/Firestone, Inc. v. Deborah Dunn
01S01-9707-CH-00160
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." A counter-claim followed in course, with the employee alleging that her neck injury resulted in temporary total disability, temporary partial disability, permanent impairment and disability, together with the incurrence of medical expenses. The trial court found the issues in favor of the employee and awarded her benefits based upon a twelve and one-half percent disability to her whole body, thus entitling her to a recovery of $2,793.5 to be paid in a lump sum. By separate order the employee was awarded $6. discretionary costs. The propriety of these awards is questioned on appeal. Our 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. T.C.A. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The claimant is 37 years old, with limited marketable skills. She was initially employed in 1991 or 1992, according to her testimony. In 1992 "something happened to my neck" while loading a spool of wire. Two or three
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. Richard Mcgregor |
Warren County | Workers Compensation Panel | 02/24/98 | |
| Knoxville News Sentinel vs. Huskey
03C01-9708-CR-00331
|
Knox County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Hoxie
03S01-9706-CR-00061
|
Knox County | Supreme Court | 02/23/98 | |
| Johnny Moffitt vs. Carthel Smith
02A01-9705-CV-00095
Originating Judge:John Franklin Murchison |
Henderson County | Court of Appeals | 02/23/98 | |
| Rudy Holmes vs. Sheriff Jack Owens, et al
02A01-9706-CV-00115
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 02/23/98 | |
| Ray Thompson vs. State
02A01-9705-BC-00102
|
Court of Appeals | 02/23/98 | ||
| State vs. Daniel Bailey
02C01-9612-CR-00456
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Irwin
03S01-9702-CC-00021
|
Blount County | Supreme Court | 02/23/98 | |
| State vs. Grapel Simpson
02S01-9702-CC-00010
|
McNairy County | Supreme Court | 02/23/98 | |
| State vs. Timothy Dean Martin
01C01-9609-CC-00393
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 02/23/98 | |
| Shelby County Deputy from the Shelby County Sheriff's Association, et al., v. Shelby County, Tennessee et al.
02A01-9706-CH-00126
This appeal involves a declaratory judgment suit in chancery court related to a previous proceeding in criminal court pursuant to the provisions of the “anti-fee statutes,” T.C.A. § 8-20- 101 et seq.. The plaintiffs are Shelby County Deputy Sheriff’s Association, Sergeant Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald Ray, and Sergeant Mark Rochevot. The defendants are Shelby County, Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A. C. Gilless, Jr. The complaint alleges in substance as follows:
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/23/98 | |
| State vs. Anthony Merlo
01C01-9611-CC-00471
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 02/23/98 | |
| Lutcher Eidson vs. State
01C01-9607-CR-00295
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/23/98 |