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| Fortson vs. Fortson
03A01-9611-CV-00363
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McMinn County | Court of Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Sullivan County | Court of Appeals | 08/28/97 | |
| Sanders vs. Springs
03A01-9701-JV-00036
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Anderson County | Court of Appeals | 08/28/97 | |
| Stella Louise Flatt v. Osh Kosh B'Gosh, Inc. et al.
01S01-9608-CV-00168
Authoring Judge: William S. Russell, Special Judge
Originating Judge:HON. BOBBY CAPERS, JUDGE |
Jackson County | Workers Compensation Panel | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 08/28/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 08/28/97 | ||
| State vs. Vaughn Mixon
02C01-9507-CC-00204
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Chester County | Court of Criminal Appeals | 08/28/97 | |
| Camille Gaines v. American Airlines, Inc.
01S01-9701-CV-00015
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 contends (1) the trial court erred in calculating the claimant's average weekly wage, (2) the trial court erred in awarding permanent partial disability benefits in excess of two and one-half times her medical impairment rating and (3) the trial court erred in awarding benefits for hypertension. The employee contends (4) the trial court erred in allowing the employer credit for certain temporary total disability benefits and (5) the appeal is frivolous. As discussed below, the panel has concluded the judgment should be modified as to the claimant's average weekly wage, but otherwise affirmed. The employee or claimant, Gaines, worked as a flight attendant for American Eagle, the employer. On September 13, 1993, she injured her back and neck when, as she was performing her duties on a flight from Nashville to Asheville, North Carolina, the aircraft encountered extreme turbulence. She was thrown about in the cabin, causing the injuries. After receiving medical care and a period of recuperation she returned to work but later quit because her residual disability rendered her unable to perform her work without disabling pain. After a trial on the merits, the trial court found the employee's average weekly wage to be $292.76 and awarded permanent partial disability benefits based on forty percent (4%) to the body as a whole and temporary total disability benefits for twenty-six (26) weeks. The trial court allowed the employer a credit in the sum of$3,361.8 for overpaid temporary total disability benefits. 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). Conclusions of law are reviewed de novo without any presumption of correctness. Wingert v. Government of Sumner County, 98 S.W.2d 921 (Tenn. 1995). 2
Authoring Judge: William S. Russell, Special Judge
Originating Judge:Hon. Thomas W. Brothers, |
Davidson County | Workers Compensation Panel | 08/28/97 | |
| State vs. Larry Carr
02C01-9605-CR-00137
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/28/97 | |
| Dockery vs. State
03A01-9704-CV-00135
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Anderson County | Court of Appeals | 08/28/97 | |
| State vs. Vaughn Mixon
02C01-9507-CC-00204
Originating Judge:John Franklin Murchison |
Chester County | Court of Criminal Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 08/28/97 | ||
| Hon. Frank v. Williams, Iii,
01S01-9609-CV-00174
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. This case was heard on March 15, 1996. The plaintiff alleged that he sustained work injuries on October 29, 1986 (pulmonary injury), January 21, 1986 (carpal tunnel syndrome), and January 6, 1986 (back injury). The trial court found the plaintiff's injuries were compensable and awarded the plaintiff permanent total disability plus medical costs. Prior to July 1, 1985, the level of review on appeal was whether there was any material evidence to support the findings of a trial court. Hilton v. Food Lion, Inc., 738 S.W.2d 626, 627 (Tenn. 1987). After July 1, 1985, the level of review is de novo upon the record with a presumption of the correctness of the trial court's findings of fact unless the preponderance of the evidence is otherwise. Alley v. Consolidated Coal Co., 699 S.W.2d 147, 147-48 (Tenn. 1985). All of the injuries upon which the trial court awarded compensation occurred after July 1, 1985. The standard of review, therefore, is under the preponderance rule set out in the 1985 amendment to the Workers' Compensation Law as elucidated in Alley, supra. The standard of review created by the amendment requires us to conduct an independent examination of the record on appeal to determine where the preponderance of the evidence lies.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:JIM T. HAMILTON, JUDGE |
Maury County | Workers Compensation Panel | 08/28/97 | |
| Jenkins v. Goddard
03A01-9704-CH-00139
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Court of Appeals | 08/28/97 | ||
| Rollins vs. State
03C01-9412-CR-00440
Originating Judge:Russell C. Hinson |
Hamilton County | Court of Criminal Appeals | 08/27/97 | |
| Bowman v. A-best
03A01-9703-CV-00092
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Court of Appeals | 08/27/97 | ||
| Ogburn vs. The Gas & Water Dept., City of Clarksville
01A01-9702-CH-00056
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Appeals | 08/27/97 | |
| Lindsey vs. Lindsey
01A01-9702-CV-00079
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 08/27/97 | |
| Bowman v. A-best
03A01-9703-CV-00092
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Court of Appeals | 08/27/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 08/27/97 | ||
| Holder, etc., vs. Celsor, et. al.
01A01-9702-CV-00080
Originating Judge:Bobby H. Capers |
Trousdale County | Court of Appeals | 08/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Knox County | Court of Appeals | 08/27/97 | |
| Spruell vs. Spruell
03A01-9704-CV-00124
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Court of Appeals | 08/27/97 | ||
| Raymond L. Cox v. Thomas R. Hicks
E2000-01141-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/97 | |
| State vs. Maurice Teague
02C01-9704-CC-00132
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Court of Criminal Appeals | 08/27/97 |