Marcus vs. Marcus
02S01-9804-CH-00036
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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
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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
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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
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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
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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
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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 |