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| Hazel Maness Flatt v. The Insurance Mart, Inc.,
02S01-9601-CH-00007
This workers' compensation appeal was heard by the Special Workers' Compensation Panel in accordance with provisions of T.C.A. _ 5-6-225(e)(3). We have by this opinion reported our findings of fact and conclusions of law to the Supreme Court. Hazel Maness Flatt ("plaintiff") was employed by Gary Wright and his sister Nita Middleton to care for their mother, Lorene F. Wright, at her residence in Chester County. As part of her employment, plaintiff lived in Ms. Wright's home from Monday through Friday. Other sitters provided care for Ms. Wright on weekends. Plaintiff's job duties included fixing meals, cleaning the house, sweeping, vacuuming, washing clothes, taking Ms. Wright on errands, and generally just watching after her. On about October 5, 199, plaintiff injured her back while assisting Ms. Wright into plaintiff's car. The record reflects that Gary Wright served as president of The Insurance Mart, Inc. ("defendant"), a company engaged in the sale of automobile insurance in Nashville. Wright and his wife were the sole shareholders of the defendant company. His sister, Nita Middleton, was an employee of defendant. Plaintiff was paid her weekly checks from defendant's payroll for her services to Ms. Wright. Her W-2 Wage and Tax Statement for 199 listed defendant as her employer. However, defendant listed plaintiff regularly on its Non-Employee Compensation Report. For these apparent reasons, plaintiff filed suit against defendant in the Chancery Court of Chester County. Following a bench trial, the chancell or denied plaintiff's claim for workers' compensation benefits on the grounds that (1) plaintiff was a domestic servant and not an employee of defendant, and (2) that she was also an independent contractor. This appeal followed. 2
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Chester County | Workers Compensation Panel | 11/01/96 | |
| David F. Bush v. Brenda L. Allgood and Mercantile Properties, Inc.
01A01-9605-CV-00207
The Trial Court granted summary judgement dismissing one of the defendants, Mercantile Properties, Inc., and ordered entry of final partial judgment pursuant to T.R.C.P. Rule 54.02. Plaintiff has appealed. The remaining defendant, Brenda L. Allgood, is not involved in this appeal.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Henry Denmark Bell |
Williamson County | Court of Appeals | 11/01/96 | |
| Susan Kay Pilger Riggs, v. James Landry Riggs
01A01-9601-CV-00007
The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. § 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 11/01/96 | |
| Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June
02C01-9610-CC-00340
|
Lake County | Court of Criminal Appeals | 10/31/96 | |
| 02C01-9601-CC-00030
02C01-9601-CC-00030
|
Fayette County | Court of Criminal Appeals | 10/31/96 | |
| Mario Harris v. State
M2004-01782-CCA-R3-PC
The Defendant, Mario Harris, appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/31/96 | |
| 01A01-9606-CH-00259
01A01-9606-CH-00259
|
Supreme Court | 10/31/96 | ||
| 02C01-9503-CC-0095
02C01-9503-CC-0095
|
Madison County | Court of Criminal Appeals | 10/31/96 | |
| 02C01-9512-CC-00381
02C01-9512-CC-00381
|
Dyer County | Court of Criminal Appeals | 10/31/96 | |
| State of Tennessee v. Charles Thompson And Verico
W1998-00351-CCA-R10-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/31/96 | |
| 02C01-9503-CC-00095
02C01-9503-CC-00095
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/31/96 | |
| 03C01-9510-CC-00325
03C01-9510-CC-00325
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/30/96 | |
| 03A01-9603-CV-00096
03A01-9603-CV-00096
|
Anderson County | Court of Criminal Appeals | 10/30/96 | |
| 03C01-9509-CR-00291
03C01-9509-CR-00291
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 10/30/96 | |
| 03C01-9510-CC-00320
03C01-9510-CC-00320
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/30/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/30/96 | ||
| 02A01-9508-CV-00168
02A01-9508-CV-00168
|
Shelby County | Court of Appeals | 10/30/96 | |
| Adrian White v. State of Tennessee
W2002-02755-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 10/30/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/30/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 10/30/96 | |
| Present Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-
02C01-9610-CC-00344
|
Lake County | Court of Criminal Appeals | 10/30/96 | |
| Charles Leroy Stafford v. Mid-America Corporation and Larry Brinton, Jr.
03S01-9512-CH-00132
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 issue presented by this appeal involves the extent of the claimant's permanent disability. The panel concludes thejudgment should be modified as provided below. The employee or claimant, Stafford, is forty-eight with a ninth grade education. On December 23, 1993, he suffered a compensable injury to his neck and arm, for which he received medical treatment and lost time from work. The treating physician assigned a permanent impairment rating of 3% to the whole body and released him to return to work in August of 1994 with no restrictions. From a previous injury, the claimant had received an award based on ninety-five percent to the body as a whole. The chancellor awarded permanent partial disability benefits on the basis of five percent to the body as a whole, reasoning that the claimant had not yet become rehabilitated from his previous injury. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings of the trial court, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Conclusions of law are subject to de novo review without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). 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. Frederick D. |
Knox County | Workers Compensation Panel | 10/30/96 | |
| 03A01-9605-CV-00170
03A01-9605-CV-00170
|
Court of Appeals | 10/30/96 | ||
| Harley R. Rucker v. Rockwood Electric Utilities
03S01-9511-CH-00127
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. Plaintiff was injured when he fell and hit his arm on a buzz saw while cutting trees along utility lines as an employee of Woodland Tree Service, which had a contract to cut the trees for Rockwood Electric Utilities. The trial judge dismissed plaintiff's complaint, finding that Rockwood Electric Utilities was not plaintiff's statutory employer under TENN. CODE ANN. _ 5-6- 113. However, he found plaintiff to have sustained a 45% permanent partial disability to his right hand. We reverse the judgment and remand the case to the trial court. Plaintiff was hired by Woodland Tree Service to help fulfill Woodland's contract with Rockwood Electric Utilities. The agreement between Woodland Tree Service and Rockwood Electric Utilities was in the form of a written contract which was introduced at trial. Plaintiff reported every morning to Rockwood Electric Utilities where he met with Don White, a supervisor at Rockwood, to learn whether he should continue working on the present job or if he needed to work on some emergency project. He would also pick up a "bucket truck" owned by Rockwood to be used in cutting trees. Woodland provided all of the other equipment used by its employees. Occasionally, Rockwood supervisors would come to the site where Woodland employees were working to check on the progress of the work, occasionally telling the employees to hurry up or moving them elsewhere to a "hot spot." Woodland had absolute authority to hire and fire its own employees. Under the contract between the parties, Rockwood reserved the right to provide equipment and materials at a lower cost if those provided by Woodland were too high. Woodland paid its employees directly but according to a schedule of wages set by Rockwood. Woodland was required to notify Rockwood of changes in wage rates. Under their contract, Rockwood reserved the right to inspect Woodland's work and audit its books. The contract also provided that Woodland employees could not enter the area where power lines were located unless 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Frank V. Williams, |
Knox County | Workers Compensation Panel | 10/30/96 | |
| Barbara Wallace v. Cadillac Curtain Company
02S01-9510-CH-00099
This worker's compensationappeal has been referred to the special worker's 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. Trial in this matter was conducted February 9, 1995. On May 22, 1995, the Chancellor entered a final judgment denying compensation to plaintiff and dismissing her lawsuit.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. John Hill Chisholm |
Tipton County | Workers Compensation Panel | 10/30/96 |