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| Bobby Roberson vs. Martha Brasfield, Comm., et al
02A01-9704-CV-00085
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 02/20/98 | |
| Devore vs. Deloitte & Touche
01A01-9602-CH-00073
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/20/98 | |
| Venture Express vs. Zilly, Ind.
01A01-9704-CV-00172
Originating Judge:Joseph Daniel |
Rutherford County | Court of Appeals | 02/20/98 | |
| Residents Against Ind. Landfill vs. Dept. of Environment
01A01-9507-CH-00311
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 02/20/98 | |
| Harrison, et. al. vs. Laursen, et. al.
01A01-9705-CH-00238
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 02/20/98 | |
| Dooley (Blalock) vs. Dooley
01A01-9704-CV-00174
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/20/98 | |
| State vs. Mattie Davis aka Mattie Hill
01C01-9702-CC-00062
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Campbell
03C01-9603-CC-00103
Originating Judge:Arden L. Hill |
Carter County | Court of Criminal Appeals | 02/20/98 | |
| Tarkington vs. Tarkington
01A01-9706-CV-00270
|
Court of Appeals | 02/20/98 | ||
| State vs. Edward Huddleston
02C01-9706-CC-00228
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 02/20/98 | |
| Geyer vs. Geyer
01A01-9707-CH-00372
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Appeals | 02/20/98 | |
| Landry, Jr. vs. Rudd
01A01-9707-CV-00303
Originating Judge:William C. Koch |
Court of Appeals | 02/20/98 | ||
| State vs. Fredrick Butler
02C01-9705-CR-00191
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Michael Harvey
02C01-9701-CC-00049
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 02/20/98 | |
| State of Tennessee v. Fred Arthur Stier
W1999-600-CCA-R3-CD
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 02/20/98 | |
| Curtis Landry, Jr., D/B/A Landry and Associates, v. John Daniel Rudd
01A01-9707-CV-00303
The defendant, John Daniel Rudd, has appealed from a judgment of the Trial Court allowing the enrollment of two foreign judgments, both in favor of the plaintiff, John Landry and against the defendant.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Robert E. Corlew |
Rutherford County | Court of Appeals | 02/20/98 | |
| Dennis O'Neal Milligan v. Ten-State, Inc .
02S01-9612-CV-00110
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On or about July 9, 1993, while employed by the defendant, the claimant was attempting to move a mobile home with the assistance of fellow employees when his foot slipped and he was caused to twist and fall to his knee. He felt a burning sensation in his lower back shortly thereafter and reported this to his supervisor. The company referred him to a Dr. Howard Thomas, who in turn referred him to Dr. R. J. Hornsby. In the course of his examinations and treatments by these physicians, he underwent not only an MRI, an EMG and nerve conduction study, but also an epidural block and myelogram, which gave him a severe spinal headache. Because he continued to complain of pain in the low back upon examination, he was also evaluated by a physical therapist, who reported, ". . . he was totally inconsistent in every test and no impairment was noted that was consistent." (Notes of Dr. Hornsby). No permanent disability rating was given by either Dr. Hornsby or Dr. Thomas. However, claimant was referred by his attorney on October 4, 1994 to Dr. Robert Barnett, for an evaluation. Dr. Barnett saw him one time. Dr. Barnett said that he "thought that he had some lumbar radiculopathy, probably aggravation of preexisting degenerative changes." Dr. Barnett was also of the opinion that the claimant has a permanent impairment of ten percent (1%) of the whole body. When asked what the opinion was based upon, the doctor replied, Medically documented injury with the pain and stiffness, with some radiculopathy, and some limited motion, [giving a reference to the AMA guides]. (Deposition of Dr. Barnett, page 9). The doctor was then asked whether or not the history of claimant injuring himself in July of 1993 on the job "was consistent" with his diagnosis of lumbar radiculopathy and a ten percent (1%) permanent impairment to the body as a whole. The doctor 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge |
Hardin County | Workers Compensation Panel | 02/20/98 | |
| State vs. John Hackney
01C01-9704-CC-00152
|
Rutherford County | Court of Criminal Appeals | 02/20/98 | |
| Landry, Jr. vs. Rudd
01A01-9707-CV-00303
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/20/98 | |
| State vs. Bill Dixon
02C01-9706-CC-00212
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 02/19/98 | |
| James A. Uhles v. State of Tennessee
97-B-1232-Ct.
Originating Judge:Robert L. Jones |
Wayne County | Court of Criminal Appeals | 02/19/98 | |
| State vs. Ronnie Holmes
02C01-9703-CC-00113
Originating Judge:Whit A. Lafon |
Chester County | Court of Criminal Appeals | 02/19/98 | |
| Gwendolyn Sue Mulkey v. Palm Beach Company
03S01-9706-CV-00069
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 appeal has been perfected by the employee, Gwendolyn Sue Mulkey, from a decision of the trial court resulting in a dismissal of the complaint. The Circuit Judge found the employee had failed to establish she had sustained an injury as a result of her work activities on August 13, 1993. Plaintiff, age 42 years, had worked for defendant, Palm Beach Company, for a number of years. She was engaged in sewing work when she said she was lifting a bundle of coats and felt something pull in her neck. Later the same day, she testified she was lifting above her head and felt a pull in her low back. She went to see a doctor furnished by her employer and was returned to light duty work. She continued working until January 31, 1994, when she was terminated because the employer concluded there was no work available under the restrictions imposed by the doctor. She eventually found other employment and was working 2-22 hours a week as a janitor. She testified this type of work caused her neck and back to hurt. The record indicates that she had sustained several work-related injuries in previous years and had been treated for a rib injury, a carpal tunnel syndrome injury and a shoulder injury. All of the expert medical testimony was by deposition. Dr. Jonathan N. Degnan, an orthopedic surgeon, first saw plaintiff on March 17, 1994, which was about seven months after the activities in question. He testified she complained of neck pain on the initial visit but did not complain of low back problems until the September 1994 visit. He found degenerative disc disease which was not work-related. He gave her a 9% impairment to the body as a whole and related the injury to her work duties upon the assumption the history given to him was accurate. In giving the history, she told the doctor she had recovered from all prior injuries and was not suffering from neck and back pain before August 1993. Dr. Robert E. Finelli, a neurosurgeon, testified he had treated plaintiff for some of her prior injuries. He saw her during March 1993 (about 5 months before incident) and she had complaints then of neck and arm pain. He next saw her on 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Harold Wimberly, |
Knox County | Workers Compensation Panel | 02/19/98 | |
| 03C01-9705-CR-00186
03C01-9705-CR-00186
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 02/19/98 | |
| Freda Pack v. Cigna Property & Casualty Co.
03S01-9706-CV-00066
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. Because arthritis is not an occupational disease and is normally not caused by trauma but is part of the aging process and thus not within the ambit of the Workers' Compensation Law, this case is not without its difficulties as a matter of law. The plaintiff is 54 years old and at the time of trial had been employed by the defendant in a non-skilled position for 17 years. she has a litany of health problems not relevant to this case, which arises from a job-related accident on October 24, 1991 and a second job-related accident on October 5, 1993, involving injuries to her left knee. The first accident occurred when the plaintiff twisted her left knee in a misstep. She was treated by a panel physician who referred her to an orthopedic specialist, Dr. Bryan Smalley, who diagnosed an internal derangement of hr knee and performed a diagnostic arthroscopy on December 9, 1991. Because her rehabilitation was slow, the plaintiff was referred to Dr. William Hovis, who also performed an arthroscopy which diminished pain and soreness. She returned to work with limitations on climbing or kneeling. On July 9, 1993, Dr. Hovis opined that the plaintiff had a five percent disability to her left leg due to the aggravation of an arthritic condition. As stated, the plaintiff suffered another injury to her left leg on October 5, 1993 when she slipped while pushing a heavy buggy causing her to hyper- extend her left knee in a backward manner. For this injury she was treated by Dr. William K. Bell, an orthopedic surgeon in Maryville. He found that the 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. W. Dale Young, |
Knox County | Workers Compensation Panel | 02/19/98 |