APPELLATE COURT OPINIONS

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01C01-9508-CC-00284

01C01-9508-CC-00284

Originating Judge:John W. Rollins
Coffee County Court of Criminal Appeals 08/22/96
01C01-9511-CR-00363

01C01-9511-CR-00363
Sumner County Court of Criminal Appeals 08/22/96
Autto Lee Taylor, Sr. v. Bailey-Parks Urethane, Inc.,

02S01-9602-CV-00018
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal the employer contends no notice was given and causation was not proven. The trial judge found proper notice and a work-related injury. This panel affirms the judgment of the trial judge. The Plaintiff testified, "A. I told him about it. He just sat there and looked at me. He didn't say nothing. Q. What did you tell him? A. I told him I hurt my back Friday. I needed to go to the doctor. Q. Did Mr. Tutor ask you any questions at that time? A. He asked me where I hurt my back. I said here at the job." (App. P. 28). Mr. Tutor testified, ". . .He had come to evidently Larry, which is his supervisor. We happened to be standing talking and he come up to us, I guess he was giving notification that he had hurt his back, that he had -- that he needed to go home or get this taken care of, but he had not said anything to Larry individually. He come up to both of us at the same time, which is the right thing for him to do. He needs to report it." (App. P. 7). The scope of review is de novo on the record of the trial court, accompanied by a presumption of correctness of the judgment of the trial court, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225 (e)(2). This panel finds that the preponderance of the evidence establishes notice within T.C.A. _ 5-6-21 and affirms the trial court. As to the issue of causation the treating doctor, Dr. Leventhal, testified to a history given him by the employee of a work related injury. (Leventhal Depo. P.11).
Authoring Judge: Special Judge Billy Joe White
Originating Judge:Hon. Robert A. Lanier,
Shelby County Workers Compensation Panel 08/22/96
01C01-9506-CR-00176

01C01-9506-CR-00176
Davidson County Court of Criminal Appeals 08/22/96
Autto Lee Taylor, Sr. v. Bailey-Parks Urethane, Inc.,

02S01-9602-CV-00018
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal the employer contends no notice was given and causation was not proven. The trial judge found proper notice and a work-related injury. This panel affirms the judgment of the trial judge. The Plaintiff testified, "A. I told him about it. He just sat there and looked at me. He didn't say nothing. Q. What did you tell him? A. I told him I hurt my back Friday. I needed to go to the doctor. Q. Did Mr. Tutor ask you any questions at that time? A. He asked me where I hurt my back. I said here at the job." (App. P. 28). Mr. Tutor testified, ". . .He had come to evidently Larry, which is his supervisor. We happened to be standing talking and he come up to us, I guess he was giving notification that he had hurt his back, that he had -- that he needed to go home or get this taken care of, but he had not said anything to Larry individually. He come up to both of us at the same time, which is the right thing for him to do. He needs to report it." (App. P. 7). The scope of review is de novo on the record of the trial court, accompanied by a presumption of correctness of the judgment of the trial court, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225 (e)(2). This panel finds that the preponderance of the evidence establishes notice within T.C.A. _ 5-6-21 and affirms the trial court. As to the issue of causation the treating doctor, Dr. Leventhal, testified to a history given him by the employee of a work related injury. (Leventhal Depo. P.11).
Authoring Judge: Special Judge Billy Joe White
Originating Judge:Hon. Robert A. Lanier,
Shelby County Workers Compensation Panel 08/22/96
03A01-9604-CH-00132

03A01-9604-CH-00132

Originating Judge:Inman
Court of Appeals 08/22/96
03A01-9601-GS-00039

03A01-9601-GS-00039

Originating Judge:Inman
Court of Appeals 08/22/96
01C01-9509-CR-00314

01C01-9509-CR-00314

Originating Judge:William M. Barker
Davidson County Court of Criminal Appeals 08/22/96
01C01-9402-CR-00056

01C01-9402-CR-00056

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 08/22/96
01C01-9508-CC-00248

01C01-9508-CC-00248

Originating Judge:Cornelia A. Clark
Hickman County Court of Criminal Appeals 08/22/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/22/96
Cyril v. Fraser

01C01-9511-CR-00360

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 08/22/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/22/96
01C01-9411-CC-00375

01C01-9411-CC-00375

Originating Judge:Rex Henry Ogle
Williamson County Court of Criminal Appeals 08/22/96
01C01-9509-CR-00315

01C01-9509-CR-00315
Sumner County Court of Criminal Appeals 08/22/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/21/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/21/96
01A01-9603-CV-00141

01A01-9603-CV-00141

Originating Judge:James E. Walton
Robertson County Court of Appeals 08/21/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/21/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Greene County Court of Appeals 08/21/96
01A01-9507-CH-00318

01A01-9507-CH-00318

Originating Judge:Tom E. Gray
Sumner County Court of Appeals 08/21/96
01A01-9510-CH-00491

01A01-9510-CH-00491

Originating Judge:Henry Denmark Bell
Williamson County Court of Appeals 08/21/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/21/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 08/21/96
01A01-9510-CH-00491

01A01-9510-CH-00491
Court of Appeals 08/21/96