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| State vs. Bobby Watkins
02C01-9612-CC-00440
|
Henderson County | Court of Criminal Appeals | 09/17/97 | |
| State., ex. rel. Sherry Mcallister vs. Goode
01A01-9510-CV-00452
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 09/17/97 | |
| State vs. Lucky Humphreys
02C01-9701-CC-00010
|
Lauderdale County | Court of Criminal Appeals | 09/17/97 | |
| Daniels vs. Davis
01A01-9702-CV-00068
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 09/17/97 | |
| First American Bank vs. National Project Services
01A01-9702-CH-00051
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/17/97 | |
| State vs. Randy Watson
02C01-9610-CR-00377
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/17/97 | |
| State vs. Willie Covington
02C01-9610-CR-00378
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 09/17/97 | |
| Jacobsen vs. Flathe
01A01-9511-CH-00510
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 09/17/97 | |
| State vs. Michael Gregg/Laird Payne
02C01-9611-CR-00394
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Russell
03C01-9608-CR-00319
Originating Judge:Mayo L. Mashburn |
Polk County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Cedric Davis
02C01-9610-CR-00352
|
Shelby County | Court of Criminal Appeals | 09/16/97 | |
| State vs. Bobby Anderson
02C01-9707-CC-00232
|
Lauderdale County | Court of Criminal Appeals | 09/16/97 | |
| Shepherd vs. Perkins
03A01-9701-CH-00015
|
Court of Appeals | 09/16/97 | ||
| State vs. Hastie Love
02C01-9706-CC-00214
|
Lauderdale County | Court of Criminal Appeals | 09/16/97 | |
| Robinson vs. Omer, Sr.
01S01-9611-CV-00228
|
Supreme Court | 09/15/97 | ||
| State vs. Ronald Mitchell
02C01-9702-CC-00070
|
Lauderdale County | Court of Criminal Appeals | 09/15/97 | |
| State vs. Cecil Grose
02C01-9609-CR-00310
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 09/15/97 | |
| Richard Deberry vs. Lexington Electric System, et al
02A01-9610-CV-00257
Originating Judge:Charles O. Mcpherson |
Henderson County | Court of Appeals | 09/15/97 | |
| W.J. Gray vs. State of TN
02A01-9703-BC-00055
|
Court of Appeals | 09/15/97 | ||
| State vs. Isaac Herron
02C01-9509-CR-00253
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 09/15/97 | |
| State vs. Runako Blair
02C01-9608-CR-00277
|
Court of Criminal Appeals | 09/15/97 | ||
| Joseph Craig v. Murray Guard, Inc., et al.
01S01-9612-CH-00251
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. In this appeal, the employer and its insurer contend the injury did not arise out of the employment and that the award of permanent partial benefits is excessive. The employee contends the award is inadequate. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Joseph Craig, was sixty-eight years old at the time of the injury. He has a college degree in engineering but has never been employed in that field. On March 12, 1995, while working as a security guard for Murray, he slipped and fell to a linoleum floor, fracturing his left hip. The employer's contention is that the injury is not compensable because the proof does not establish that there was any slippery substance on the floor. The injured hip was surgically repaired by Dr. Daniel Phillips, who assigned no permanent impairment or limitations. Another orthopedic surgeon, Dr. John McInnis, examined the claimant and opined he would retain a permanent impairment of five percent to the whole body and advised that the claimant limit his activities to minimal squatting and walking and not more than two or three hours of standing per day. The claimant returned to work on May 5, 1995 at his previous salary. The trial court found the injury to be compensable and awarded permanent partial disability benefits based on five percent to the body as a whole. 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). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). In a workers' compensation case, the claimant is not required to establish any degree of fault by the employee, merely that the injury resulted from an accident arising out of and in the course of employment. An injury arises out of the employment when there is apparent to the rational mind, upon a consideration of all the circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury. Fink v. Caudle, 856 S.W.2d 952 (Tenn. 1993). The employer's contention that the fall was idiopathic is based entirely on the circumstance that no slippery substance was found on the floor where the claimant fell. The claimant was alone at the time and was not found 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Walter C. Kurtz, |
Davidson County | Workers Compensation Panel | 09/12/97 | |
| Brenda Gail Howell v. Murray Ohio Manufacturing Co.
01S01-9609-CH-00176
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 employer insists (1) the award of permanent partial disability benefits based on sixty percent to the body as a whole is excessive, (2) the trial court applied an incorrect compensation rate, and (3) the trial court erred in commuting the award to a lump sum. The lump sum issue was withdrawn during oral argument. As discussed below, the panel has concluded the award of permanent partial disability benefits and the compensation rate should be modified. Because both issues are fact driven, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Robert A. Lanier, Special Judge
Originating Judge:Hon. James L. Weatherford, |
Lawrence County | Workers Compensation Panel | 09/12/97 | |
| Charles H. Smith v. Kinetic Concepts, Inc.
01S01-9610-CH-00207
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 09/12/97 | |
| Robert Stone v. Saturn Corporation
01S01-9610-CH-00213
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Maury County | Workers Compensation Panel | 09/12/97 |