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| 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 | |
| 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 | |
| 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 | |
| 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 | ||
| Dockery vs. State
03A01-9704-CV-00135
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Anderson County | Court of Appeals | 08/28/97 | |
| State vs. Maurice Teague
02C01-9704-CC-00132
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Court of Criminal Appeals | 08/27/97 | ||
| Scruggs vs. TR
03A01-9701-CV-00038
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Knox County | Court of Appeals | 08/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Cocke County | Court of Appeals | 08/27/97 | |
| State vs. Vincent Jones
02C01-9409-CR-00201
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Shelby County | Court of Criminal Appeals | 08/27/97 | |
| Byrd vs. Byrd
01A01-9703-CV-00139
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/27/97 | |
| Rollins vs. State
03C01-9412-CR-00440
Originating Judge:Russell C. Hinson |
Hamilton County | Court of Criminal Appeals | 08/27/97 | |
| State vs. Edward Jones
02C01-9607-CR-00226
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. James Delbridge
02C01-9605-CR-00142
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. John Williams
02C01-9704-CC-00148
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Madison 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 | ||
| United Citites Gas Co. vs. Suddarth
01A01-9611-CV-00528
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Rutherford 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
|
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 | |
| 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 | |
| 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 |