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| 01C01-9605-CR-00191
01C01-9605-CR-00191
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9607-CC-00289
01C01-9607-CC-00289
|
Court of Criminal Appeals | 05/16/97 | ||
| 01C01-9605-CR-00215
01C01-9605-CR-00215
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/16/97 | |
| State vs. James Marion
02C01-9605-CR-00158
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/16/97 | |
| Donald Groton, Etc. v. Traverlers Insurance Co.
01S01-9607-CV-00154
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 of findings of fact and conclusions of law. This Court is once again called upon to decide wither an injury sustained en route to work is compensable. We conclude that it is not and reverse the trial court's finding that it is. Regrettably, this case involves more than an injury. Donald Groton died from injuries he sustained in a car wreck while traveling to work on January 14, 1994. He worked for John Coleman Hayes, P.C. an engineering firm under contract with Nashville's airport authority to supervise noise abatement modifications being made to homes in the Antioch and Donelson neighborhoods close to the airport. Groton was one of two inspectors who examined the work of the contractors. He used his own vehicle in his work. The employer paid Groton mileage for driving from the office to job sites and from one job site to another. The employer did not pay Groton for driving from his home to the office or to the first job site of the day if Groton went there first. Likewise, the employer did not pay Groton for travel away from the office or from the last job site at the end of the work day. On the date of the accident, Groton did not report for duty at either the office or a job site as usual. James Michael Smith, John Coleman Hayes's construction manager, called Groton the day before and instructed him to go to a job site of a sister company, John Coleman Hayes Construction Company. Smith needed some surveying work done and Groton knew how to do it. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Bobby Capers, |
Wilson County | Workers Compensation Panel | 05/16/97 | |
| State vs. Mario Gutierrez
02C01-9502-CC-00043
|
Hardin County | Court of Criminal Appeals | 05/15/97 | |
| Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/15/97 | |
| Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 05/15/97 | |
| State vs. Johnny Smith
02C01-9602-CR-00061
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/97 | |
| Gentry vs. Gentry
01A01-9611-CH-00512
Originating Judge:Alex W. Darnell |
Montgomery County | Court of Appeals | 05/14/97 | |
| State vs. Miller
03C01-9608-CR-00300
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 05/14/97 | |
| Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View
Originating Judge:John A. Turnbull |
Court of Appeals | 05/14/97 | ||
| Nance vs. Nance
01A01-9611-CV-00515
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/14/97 | |
| Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/97 | |
| 03C01-9605-CC-00190
03C01-9605-CC-00190
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 05/14/97 | |
| Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/14/97 | |
| Crum vs. Lawing
03A01-9610-CH-00320
|
Greene County | Court of Appeals | 05/13/97 | |
| Dianne B. Fowler v. Liberty Mutual Ins. Co, et al.
01S01-9607-GS-00151
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. |
Warren County | Workers Compensation Panel | 05/13/97 | |
| Gozenbach vs. Gozenbach
03A01-9609-CV-00314
|
Court of Appeals | 05/13/97 | ||
| Clarence Wayne Dunn v. Sequatchie Concrete Services, et al.
01S01-9606-CV-00121
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 is seeking review of the findings of the trial court with respect to the following issues: (1) Whether the employee's claim against it is barred by Tenn Code Ann. section 5-6-23, a one-year statute of limitations1; (2) Whether the claim should be disallowed for the employee's failure to give timely written notice of his claim, as required by Tenn. Code Ann. section 5-6-21; (3) Whether the appellee was an employee of the RDF at the time of the injury; (4) Whether the award of permanent partial disability benefits is excessive; and (5) Whether the trial judge abused his discretion by commuting permanent partial disability benefits to a single lump sum. The employee contends the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Dunn, is thirty-eight years old and has an eighth grade education. He has a commercial driver's license and has worked as a truck driver for some ten years. He gradually developed a ruptured disk in his lower back while driving a truck owned by the employer, RDF Transportation, Inc. After back surgery, he returned briefly to work for the appellant but resigned because the work exceeded his medical limitations. As to issues (1) through (4), this appeal turns on factual determinations. Appellate review is therefore 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: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Lee Russell, |
Wayne County | Workers Compensation Panel | 05/13/97 | |
| State vs. Hicks
03C01-9602-CC-00064
|
Washington County | Court of Criminal Appeals | 05/13/97 | |
| Randy F. Shadden v. ITT Hartford Ins. Co., et al.
01S01-9607-CH-00148
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's insurer, Hartford, argues (1) the evidence preponderates against the trial court's finding that the employee or claimant, Shadden, suffered a work related injury, (2) the evidence preponderates against the trial court's award of permanent total disability benefits and (3) the trial court erred in awarding medical expenses not disclosed in response to discovery requests and not "properly proven at trial." The Second Injury Fund (the Fund), which was made a party by an amended complaint, contends the evidence preponderates against the trial judge's finding that the claimant is permanently and totally disabled. As discussed below, the panel has concluded the judgment should be affirmed. As a result of a previous compensable injury in 1984, while working for another employer in another state, the claimant was awarded benefits equating to fifty-three percent to the body as a whole. In a vehicular accident in 1989, which was not work related, he suffered spinal injuries which necessitated the insertion of metal rods in his back. The rods were removed in 1994. The employer at all relevant times knew of his pre-existing disabilities. He continued to work with pain and received a number of awards for sales excellence. In January of 1995, he was sales manager for a company in Cookeville which sold copiers. There is conflicting evidence with respect to the exact date of the occurrence, but during the week of January 9, 1995, the claimant noticed a truck driver unloading a large copier, weighing over six hundred pounds, from a truck. He attempted to assist the driver with the unloading when something "popped" in his back and he felt immediate pain. He told a co-worker immediately about the occurrence and had her write it down. He also gave timely written notice. The co-worker testified she had seen the claimant with his hands on the copier, one hand on the side and one on the bottom. The same day, the claimant drove to Fentress County General Hospital's emergency room where he received a shot to relieve his pain. He may or may not have also played racquetball that afternoon, but there is no medical evidence that his new injury was from something other than the lifting incident. He also worked for a few days immediately following the injury but was soon forced to quit because of severe pain. The treating physician, Dr. Leonard Carroll, who was familiar with the claimant's medical history, testified the claimant suffered a new spinal cord injury causally related to the lifting incident and an exacerbation of the pre- existing conditions and that, as a result, he developed, in addition to severe low back pain, bladder incontinence and depression to the extent of being suicidal. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White, |
Fentress County | Workers Compensation Panel | 05/13/97 | |
| Bunch vs. Bunch
03A01-9609-GS-00301
|
Court of Appeals | 05/13/97 | ||
| State vs. Copeland
03C01-9605-CC-00196
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/13/97 | |
| Patricia Dunn v. H.D. Lee Co.
01S01-9604-CH-00061
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law in dismissing as untimely plaintiff's claim for workers' compensation benefits.
Authoring Judge: Per Curiam
Originating Judge:PER CURIAM |
Lincoln County | Workers Compensation Panel | 05/13/97 |