APPELLATE COURT OPINIONS

State vs. Lonnie Ray Thompson

03C01-9809-CC-00319

Originating Judge:Ben K. Wexler
Hawkins County Court of Criminal Appeals 06/30/99
State vs. Roy Sherrod

02C01-9806-CR-00164

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 06/30/99
Lemay vs. State

01A01-9807-CH-00397

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 06/29/99
Simpson vs. Bicentennial Volunteers

01A01-9809-CV-00493

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 06/29/99
Montz vs. Montz

01A01-9812-CV-00635

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 06/29/99
Dotson vs. TDOC

01A01-9811-CV-00596
Court of Appeals 06/29/99
West American Ins. vs. Patricia Perkins

02A01-9712-CV-00326

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 06/29/99
02A01-9805-CV-00136

02A01-9805-CV-00136

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Appeals 06/29/99
Butler vs. TDOC

01A01-9808-CH-00428
Court of Appeals 06/29/99
In re: The Estate of Carlton Agib Blessing

01A01-9810-PB-00550
Court of Appeals 06/29/99
Ford v. Rubbermaid

03S01-9806-CV-00060
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable
Knox County Workers Compensation Panel 06/29/99
Duvall vs. Mobley

01A01-9810-CV-00530

Originating Judge:Patricia J. Cottrell
Davidson County Court of Appeals 06/29/99
Anderson vs. Anderson

03A01-9810-CV-00366
Court of Appeals 06/29/99
Baker vs. Mundaca Investment Corp.

01A01-9809-CH-00498

Originating Judge:Carol L. Mccoy
Davidson County Court of Appeals 06/29/99
Anderson vs. Anderson

03A01-9810-CV-00366
McMinn County Court of Appeals 06/29/99
Jessica Weil vs. John Gaia, etc.

02A01-9804-CV-00098

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 06/29/99
State vs. Lester Bell

03C01-9712-CR-00541

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 06/29/99
State vs. Terry C. Meadors

01C01-9807-CC-00285

Originating Judge:J. Steve Daniel
Rutherford County Court of Criminal Appeals 06/29/99
Stop of That Ve Hicle. It Is Tr Ue Tha T This Cour T Has In The Past Upheld Vehicle Stops By

03C01-9802-CR-00075
Hamilton County Court of Criminal Appeals 06/28/99
03C01-9804-CC-00163

03C01-9804-CC-00163
Anderson County Court of Criminal Appeals 06/28/99
Guliano vs. Cleo

02S01-9801-CV-00002
Supreme Court 06/28/99
Strouth vs. State

03S01-9707-CC-00079
Sullivan County Supreme Court 06/28/99
Hatcher v. Rubbermaid

03S01-9804-CV-00041
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. At the outset we think it pardonable to observe that the briefs in this case are exceptional and worthy of emulation. The plaintiff is a 26-year-old high school graduate whose right arm was crushed in an industrial accident on September 12, 1994. The arm was surgically amputated at the elbow area. Responding to the complaint for workers' compensation benefits, the defendant admitted the occurrence and compensability of the injury, and filed a Rule 68 Offer of Judgment for 1 percent loss of her arm together with all medical expenses. The trial judge awarded 75 percent permanent, partial disability benefits to the body as a whole. The defendant appeals, insisting that recovery is limited to 2 weeks because the statutory schedule controls. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2);Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). T.C.A. _ 5-6-27 prescribes benefits for the loss of a scheduled member. The loss of an arm is worth only 2 weeks. The Code does not address the loss of an upper extremity. But the AMA Guidelines, which are contained in the Code by reference, do not assess impairment to the arm, but only to the upper extremity. The anomaly thereby posed, as the appellant observes, is frustrating. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. D. Kelly Thomas, Jr.,
Knox County Workers Compensation Panel 06/28/99
03C01-9802-CR-00075

03C01-9802-CR-00075
Hamilton County Court of Criminal Appeals 06/28/99
State vs. Buggs

02S01-9803-CR-00020

Originating Judge:Arthur T. Bennett
Supreme Court 06/28/99