APPELLATE COURT OPINIONS

Marcus vs. Marcus

02S01-9804-CH-00036
Supreme Court 06/28/99
Andrew Ewing v. State of Tennessee

W2008-01605-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Paula L. Skahan
Shelby County Court of Criminal Appeals 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
03C01-9805-CC-00186

03C01-9805-CC-00186
Bradley County Court of Criminal Appeals 06/28/99
Guliano vs. Cleo

02S01-9801-CV-00002
Supreme Court 06/28/99
Grissim vs. Powell Const.

03A01-9807-CV-00222
Court of Appeals 06/25/99
Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell

03A01-9808-CH-00279
Court of Appeals 06/25/99
Kinsler vs. State

03A01-9810-BC-00362

Originating Judge:Inman
Court of Appeals 06/25/99
State vs. Willie Wales

02C01-9804-CR-00100

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 06/25/99
Killion vs. Killion

03A01-9807-CH-00229
Court of Appeals 06/25/99
02C01-9809-CC-00271

02C01-9809-CC-00271

Originating Judge:Whit A. Lafon
Henderson County Court of Criminal Appeals 06/25/99
State vs. Kerry Hughes

03C01-9801-CR-00030

Originating Judge:Arden L. Hill
Carter County Court of Criminal Appeals 06/25/99
Estate of Francis Logwood

03A01-9902-PB-00042
Court of Appeals 06/25/99
Nationsbank, N.A. vs. FormPak, Inc. & Ron Campbell

03A01-9808-CH-00279
Court of Appeals 06/25/99
State vs. Terry McGee

02C01-9801-CR-00020

Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 06/25/99
Nicholas Todd Sutton vs. State

03C01-9702-CR-00067

Originating Judge:Gary R. Wade
Morgan County Court of Criminal Appeals 06/25/99
State vs. Lawrence White

02C01-9810-CC-00324

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 06/25/99
Howard vs. Howard

03A01-9811-CV-00374
Court of Appeals 06/25/99
Englewood Citizens vs. Town of Englewood

03A01-9803-CH-00098
Court of Appeals 06/24/99
Gillman vs. Loudon City Commission

03A01-9706-CH-00239
Court of Appeals 06/24/99
Cobb vs. Beier

03A01-9812-CV-00399
Court of Appeals 06/24/99
Jimmy Wayne Wilson vs. State

03C01-9806-CR-00206

Originating Judge:Lynn W. Brown
Sullivan County Court of Criminal Appeals 06/24/99
Con Pac South vs. Burnett

03A01-9811-CV-00389
Court of Appeals 06/24/99
State vs. James E. Lampkin

03C01-9804-CR-00160

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 06/24/99
Poindexter vs. Strang

03A01-9810-CH-00323
Court of Appeals 06/24/99