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| State vs. James Dantes
02C01-9705-CC-00184
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 12/15/97 | |
| Carter vs. State
03S01-9612-CR-00119
|
Greene County | Supreme Court | 12/15/97 | |
| State vs. Hall
03S01-9701-CR-00010
|
Supreme Court | 12/15/97 | ||
| State vs. James Bingham, Jessie Baker, and Donald Patterson
01C01-9604-CC-00159
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 12/15/97 | |
| State vs. Hall
03S01-9701-CR-00010
|
Hamilton County | Supreme Court | 12/15/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 12/15/97 | |
| State vs. Carl Saine
02C01-9710-CC-00399
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Lauderdale County | Court of Criminal Appeals | 12/15/97 | |
| Smith v. Zurich
03S01-9701-CV-00004
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 plaintiff alleged he had sustained permanent impairment as a result of an accident on November 8, 1994, while employed by the defendant. The trial judge dismissed the petition. We affirm the judgment. There is no dispute concerning the occurrence of an on-the-job accident which was a fall by the plaintiff. The only medical evidence in the case was the deposition of Dr. John H. Bell, an orthopedic surgeon. Dr. Bell found the plaintiff had suffered contusions and a sprain of his lower spine as a result of the fall. This was superimposed upon a pre- existing lumbosacral disc disease. Dr. Bell testified there was no anatomic evidence the disc disease was aggravated by the injury, and that the fall caused the pre-existing condition to become painful. Further, the plaintiff had told Dr. Bell he had a previous back pain episode, as well as intermittent back pain prior to the fall. Dr. Bell testified the plaintiff complained of pain but there was no anatomical change associated with the pain. Dr. Bell was of the opinion the back strain had healed. He further testified it is not uncommon for a person with an arthritic or a degenerative condition to be free of symptoms but that these conditions may become symptomatic as a result of an injury. Dr. Bell found the plaintiff had a 5 percent permanent medical impairment because of the condition of his back. Dr. Bell fixed restrictions upon the plaintiff. Dr. Bell testified, however, that he placed these restrictions upon the plaintiff because of the plaintiff's complaint of pain, which Dr. Bell associated with the pre- existing condition rather than the fall. The plaintiff presented lay testimony to support his contention that he was disabled. However, in all but the most obvious cases, there must be medical evidence to show an impairment exists, and its connection to the work injury. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Ben K. Wexler, |
Smith County | Workers Compensation Panel | 12/15/97 | |
| Henley vs. State
01S01-9703-CC-00056
Originating Judge:J. O. Bond |
Supreme Court | 12/15/97 | ||
| State vs. Dixon
03S01-9704-CR-00043
|
Supreme Court | 12/15/97 | ||
| Henley vs. State
01S01-9703-CC-00056
|
Supreme Court | 12/15/97 | ||
| State vs. Dixon
03S01-9704-CR-00043
|
Supreme Court | 12/15/97 | ||
| ABC Supply Co., Inc. vs. U.S. Fidelity & Guaranty
01A01-9702-CH-00081
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 12/12/97 | |
| Ferrell vs. McCrae, Jr.
01A01-9703-CV-00100
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 12/12/97 | |
| Mulle vs. Yount
01A01-9704-CV-00161
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/12/97 | |
| Garrett vs. State
03C01-9603-CR-00111
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 12/12/97 | |
| Mulle vs. Yount
01A01-9704-CV-00161
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 12/12/97 | |
| Demontbreun vs. Demontbreun
01A01-9703-GS-00129
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 12/12/97 | |
| 01C01-9612-CR-00528
01C01-9612-CR-00528
|
Davidson County | Court of Criminal Appeals | 12/12/97 | |
| Brumit vs. Summar
01A01-9703-CV-00109
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 12/12/97 | |
| State vs. Gayle Parsons
01C01-9607-CC-00311
Originating Judge:William M. Barker |
Rutherford County | Court of Criminal Appeals | 12/12/97 | |
| Maynord vs. Norris
01A01-9704-CV-00179
Originating Judge:John J. Maddux |
Overton County | Court of Appeals | 12/12/97 | |
| State vs. William Watkins and Jonathan Davis
01C01-9701-CC-00004
|
Maury County | Court of Criminal Appeals | 12/12/97 | |
| Gregg vs. State
03C01-9705-CC-00188
|
Hamblen County | Court of Criminal Appeals | 12/12/97 | |
| State vs. Scotty Wright
01C01-9609-CR-00414
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 12/12/97 |