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| Toby Hedgecoth v. Harold Moore & Assocs.
01S01-9702-CV-00033
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Maury County | Workers Compensation Panel | 03/02/98 | |
| Stephanie Clinard v. Lumbermens Mutual Casualty Co.
01S01-9703-CV-00051
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 here contends the evidence preponderates against the trial court's finding that the employee's injury was causally connected to her employment. The panel has concluded the judgment should be affirmed. The employee or claimant, Clinard, is approximately 4 years old and has a GED. She has worked as a cashier at a convenience market in Springfield since 1992, having previously worked as a cashier, as a baby sitter, as a production worker in a garment factory and as a homemaker. On March 24, she noticed a pop in her neck and a shooting pain in her left arm, while manually operating a credit card machine at work. She reported the event to her supervisor, who did not refer her to a physician or provide a list from which she could choose one. The claimant went to her own physician, Dr. Robert Ferland, who took her off work and prescribed physical therapy. She also saw two neurosurgeons, both of whom ordered diagnostic testing. One of them expressed doubt as to whether the injury was work-related, but was unable to point to any other possible cause. The other had no opinion as to the cause of injury. The claimant was unable to work from May 2, 1994 until she returned during the last week in July of the same year. She terminated her employment in November of that year after the pain worsened. The employer did not provide any medical benefits. Ultimately, the claimant sought outa Dr. Cantrell, who referred her to Dr. Arthur Cushman, another neurosurgeon. Dr. Cushman diagnosed a herniated disc in her neck and performed corrective surgery. The pain diminished following the surgery. Dr. David Gaw saw her after surgery and prescribed permanent limitations. The claimant took karate after the injury, but we find in the record no evidence that her injury was caused by karate lessons, as the employer's insurer contends. The lay proof supports the claimant's contention that her injury was work related. Dr. Cushman conceded the credit card machine incident and continued use of the arm at work was a possible cause of the injury. He estimated her permanent impairment at seven percent.. Dr. Gaw testified the credit card incident was the most likely cause, in the absence of any other explanation, and assigned a fifteen percent permanent impairment to the whole body. Both of these doctors based their opinions of permanent impairment on approved guidelines. The trial court found the injury to be work related and awarded benefits under the Tennessee Workers' Compensation Law (the Act). Appellate 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James E. Walton, |
Robertson County | Workers Compensation Panel | 03/02/98 | |
| Page G. Stuart v. State of Tennessee, Dept. of Safety
01-S-01-9612-CH-00239
During a wide-ranging investigation, law enforcement officers located and seized several items of property thought to be used in the conduct of an illegal drug enterprise. Criminal charges followed the several seizures, and Page Stuart, the appellant, pleaded guilty to offenses involving delivery and conspiracy to deliver large quantities of marijuana. The State thereafter instituted administrative proceedings under Tenn. Code Ann. § 53-11-201 et seq. (1991 & Supp. 1992) for the forfeiture of the property seized. Although Stuart challenged the forfeiture of some of the property,1 he was not successful, and both the Chancery Court and the Court of Appeals upheld the forfeiture. We granted Stuart’s application for review under Rule 11
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Chancellor Irvin H. Gilcrease, Jr. |
Davidson County | Supreme Court | 03/02/98 | |
| Molin, M.D., et . ux. vs. Perryman Construction Co.
01A01-9705-CV-00232
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 02/27/98 | |
| Webb vs. Mortgage Systems Corp.
01A01-9512-CH-00566
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/27/98 | |
| Walker vs. Exchange
03A01-9709-CV-00402
|
Court of Appeals | 02/27/98 | ||
| State vs. Manning
03C01-9501-CR-00012
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 02/27/98 | |
| Lampley vs. Lampley
01A01-9708-CH-00423
|
Court of Appeals | 02/27/98 | ||
| Pehlman vs. Pehlman
03A01-9708-CV-00339
|
Court of Appeals | 02/27/98 | ||
| 03A01-9708-CV-OO331
03A01-9708-CV-OO331
|
Anderson County | Court of Appeals | 02/27/98 | |
| Rivergate Toyota, Inc. vs. Huddleston
01A01-9602-CH-00053
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/27/98 | |
| ) Hon. Frank v. Williams, Iii,
O3A01-9708-CH-00321
|
Roane County | Court of Appeals | 02/27/98 | |
| Brady vs. Valentine
01A01-9707-CV-00308
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 02/27/98 | |
| Slate vs. State
03A01-9708-CV-00369
|
Court of Appeals | 02/27/98 | ||
| State vs. Trampas Sweeney
01C01-9702-CC-00053
Originating Judge:William M. Barker |
Williamson County | Court of Criminal Appeals | 02/27/98 | |
| Kizer vs. Kizer
01A01-9707-GS-00304
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 02/27/98 | |
| Bellamy vs. State
03A01-9701-BC-00035
|
Court of Appeals | 02/27/98 | ||
| Brown vs. Davidson
01A01-9702-CV-00049
|
Court of Appeals | 02/27/98 | ||
| Allstate vs. Auto
03A01-9706-CH-00225
|
Court of Appeals | 02/27/98 | ||
| 03A01-9709-CV-00444
03A01-9709-CV-00444
|
Knox County | Court of Appeals | 02/27/98 | |
| Reid vs. Sundquist
01A01-9709-CH-00494
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/27/98 | |
| Copas vs. Copas
03A01-9708-CV-00375
|
Sevier County | Court of Appeals | 02/27/98 | |
| Witt vs. Tennessee
03A01-9709-CH-00400
|
Bradley County | Court of Appeals | 02/27/98 | |
| State vs. Garrison
03C01-9702-CC-00047
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 02/27/98 | |
| Lampley vs. Lampley
01A01-9708-CH-00423
|
Court of Appeals | 02/27/98 |