APPELLATE COURT OPINIONS

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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