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| Henry Andrews vs. Lubricon, et al
02A01-9708-CH-00202
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 07/30/98 | |
| State vs. Lesa Malone
01C01-9706-CC-00234
Originating Judge:L. Terry Lafferty |
Marshall County | Court of Criminal Appeals | 07/30/98 | |
| United vs. Loudon
03A01-9710-CH-00477
|
Loudon County | Court of Appeals | 07/30/98 | |
| Clapp vs. Goldston
03A01-9707-CV-00288
|
Court of Appeals | 07/30/98 | ||
| 01C01-9708-CR-00350
01C01-9708-CR-00350
|
Davidson County | Court of Criminal Appeals | 07/30/98 | |
| Don Hancock vs. State
01C01-9710-CR-00489
|
Davidson County | Court of Criminal Appeals | 07/30/98 | |
| 03A01-9710-CH-000474
03A01-9710-CH-000474
|
Court of Appeals | 07/30/98 | ||
| State vs. Brown
03C01-9707-CR-00304
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 07/30/98 | |
| Isaacson vs. Fenton
03A01-9804-JV-00119
|
Loudon County | Court of Appeals | 07/30/98 | |
| Darrell Swearengin v. Pacific Employers & Dina Tobin, Dir.
01S01-9704-CH-00090
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. There are no issues of fact in dispute in this case. All sides agree that the plaintiff is totally and permanently disabled and that he qualifies for payment until age 65. Because the injury in this case was subsequent to previous injuries, the Second Injury Fund incurred liability under Tenn. Code Ann. _ 5-6-28(a). The employer and the Second Injury Fund agree that their liability is properly apportioned at 25 percent to the employer and 75 percent to the Second Injury Fund. The trial judge ordered the employer and the Second Injury Fund to make payment concurrently and a mathematical formula was reached which would fulfill each of the payor's liability for their portion of the award when the plaintiff reached age 65. The employer asserts its liability should be limited to 4 weeks and insists the trial court properly ordered concurrent payment by it and the Second Injury Fund. The employer concedes these issues would be resolved by the decision of the Supreme Court in Bomely v. Mid-America Corp., ___ S.W.2d ___ (Tenn. 1998).1 The Supreme Court has decided Bomely and the issues raised herein by the employer have been decided adversely to it. The Supreme Court held the percentage of liability of an employer in cases such as this shall not be limited to the relationship of its percentage of liability to 4 weeks. Rather, the Court held the liability would be apportioned over the total amount of the award in accordance with the percentage of liability affixed to the employer and the Second Injury Fund. Further, the Court held that the employer shall pay its portion of the award first and the Second Injury Fund shall commence payment when the employer has satisfied its liability. The trial court's judgment requiring concurrent payment by the employer and the Second Injury Fund and limiting the employer's liability to 25 percent of 4 1 This appeal was filed April 18, 1997 and the opinion in Bomely was filed by the Supreme Court on May 26, 1998. We have abided the decision in that case to decide this case. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Henry Denmark Bell, |
Williamson County | Workers Compensation Panel | 07/30/98 | |
| Bland vs. Cowan
03A01-9801-CV-00024
|
Hamilton County | Court of Appeals | 07/30/98 | |
| Rodgers vs. Walker
03A01-9708-CH-00371
|
Court of Appeals | 07/30/98 | ||
| Rozanne F. Wright (Folk-Schmidt) vs. Jan H. Schmidt
01A01-9708-CV-00413
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/29/98 | |
| Benny Blankenship, et al. vs. Estate of Joshua Bain, et al.
01A01-9709-CV-00492
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/29/98 | |
| State vs. Anthony Allen
W1999-01381-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 07/29/98 | |
| State vs. Christopher Williams
02C01-9711-CR-00427
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/29/98 | |
| Lorri Lisa Barrett Capps vs. David Wayne Capps
01A01-9710-CV-00606
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 07/29/98 | |
| Yvette Patrice Garrett vs. James Edward Gray, Jr.
01A01-9709-JV-00489
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 07/29/98 | |
| Kimberly Street vs. State
01C01-9707-CC-00250
|
Rutherford County | Court of Criminal Appeals | 07/29/98 | |
| Johanna Travis vs. Martin Travis
02A01-9707-CH-00163
Originating Judge:J. Steven Stafford |
Tipton County | Court of Appeals | 07/29/98 | |
| State vs. Jerry Taylor
01C01-9612-CC-00499
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 07/29/98 | |
| State vs. Robert Farley
01C01-9703-CR-00092
|
Jackson County | Court of Criminal Appeals | 07/29/98 | |
| State vs. Long
03C01-9707-CR-00260
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 07/29/98 | |
| State vs. Cedric Franklin
02C01-9710-CR-00380
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 07/29/98 | |
| Thomas Horace Joiner vs. Dora Bell Taylor Joiner
01A01-9710-CH-00593
Originating Judge:Robert E. Burch |
Stewart County | Court of Appeals | 07/29/98 |