APPELLATE COURT OPINIONS

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Lazenby vs. Lazenby

01A01-9708-GS-00432

Originating Judge:Robert P. Hamilton
Wilson County Court of Appeals 04/24/98
Wright, et. al. vs. C & S Family Credit

01A01-9709-CH-00470

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 04/24/98
State vs. Jimmy Eisom

02C01-9703-CC-00105

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 04/24/98
Sprayberry-Gravitt vs. Baker

01A01-9707-CH-00295

Originating Judge:Carol A. Catalano
Montgomery County Court of Appeals 04/24/98
State vs. Ivory Thomas

02C01-9705-CR-00179
Shelby County Court of Criminal Appeals 04/24/98
State vs. Randall Thies

02C01-9708-CC-00299

Originating Judge:Joseph H. Walker, III
Tipton County Court of Criminal Appeals 04/24/98
Teaster vs. Dept. of Correction

01A01-9608-CH-00358

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/24/98
Stones River Utilities vs. Metro Gov't

01A01-9709-CH-00461

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 04/24/98
State vs.Tracie Jenkins and David Ragsdale

01C01-9612-CC-00520
Williamson County Court of Criminal Appeals 04/23/98
01C01-9707-CR-00271

01C01-9707-CR-00271

Originating Judge:Thomas T. Woodall
Davidson County Court of Criminal Appeals 04/23/98
State vs. Willie Jackson

01C01-9702-CR-00054

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 04/23/98
State vs. Aaron Drummer

02C01-9710-CR-00382
Shelby County Court of Criminal Appeals 04/23/98
State vs. Steven Cooper

02C01-9801-CR-00008
Shelby County Court of Criminal Appeals 04/23/98
State vs. Elder

03C01-9702-CR-00053

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 04/23/98
State vs. James Mason a//k/a James Oscar Mason

01C01-9707-CC-00310

Originating Judge:Gary R. Wade
Bedford County Court of Criminal Appeals 04/23/98
State vs. Dishman

03C01-9610-CR-00361

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 04/23/98
State vs. Thomas Congdon

01C01-9707-CR-00254

Originating Judge:L. Terry Lafferty
Wilson County Court of Criminal Appeals 04/23/98
Coleman v. State, No. 02C01-9505-Cc-00122 (Tenn. Crim. App., Apr. 17, 1996). On

02C01-9707-CR-00291
Gibson County Court of Criminal Appeals 04/23/98
Crawford vs. State

03C01-9604-CC-00172
Sullivan County Court of Criminal Appeals 04/23/98
Bacon vs. State

03C01-9605-CR-00203

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 04/23/98
Harris vs. State

03C01-9611-CR-00410

Originating Judge:R. Jerry Beck
Carter County Court of Criminal Appeals 04/23/98
Clinton W.Lynch vs. State

01C01-9705-CR-00187

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 04/23/98
State vs. James Carr

02C01-9802-CC-00037
Lake County Court of Criminal Appeals 04/23/98
Gloria Benson v. Northern Telecom, et al.

01S01-9706-CH-00137
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Irvin Kilcrease
Davidson County Workers Compensation Panel 04/22/98
George Goff v. City of Decherd v. Dina Tobin, Director

01S01-9611-CH-00232
This workers' compensation appeal from the Franklin County Chancery Court has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, City of Decherd, appeals the ju dgment of the trial court findin g the plaintiff, George Goff, suffered an occupational disease; awarding the plaintiff eighty- five percent (85%) permanent partial disability to th e body as a who le; and requiring the defen dant to pay certain medical expenses. For the reasons stated in this opinion, we affirm the trial court, as modified. George Goff wa s 41 at the time of this trial. He dropped out of high schoo l in the ninth grade to work on the farm, and he has been unable to pass his G ED on three or four attem pts. His work history is composed of manual labor. The City of Decherd hired him as a laborer in 1984 and made him a crew foreman in 1987. On May 11, 199 , during the course of his employment he was exposed to chlo rine gas and missed ap proximately one w eek of work. He wa s treated by his family physician, Dr. Dewey Hood, for complaints of shortness of breath, coughing and fatigue on 11 or 12 occas ions throu gh Septem ber, 1993 . Dr. Hood re ferred plaintiff to Dr. Eric Dye r, a pulmonologist, who first treated plaintiff on May 18, 1993. Dr. Dyer told plaintiff he became asthmatic due to the 199 chlorine exposure and advised him to avoid asthma triggers, such as chemicals, humidity , and temperature extremes . He continued to w ork for the City of Dech erd without significant pro blems until January 2 8, 1994, when he was exposed to paint fumes and h is condition deteriorated. After the 1994 exposure, Dr. Dyer added paint fumes to his list of asthma triggers to avoid. Dr. Dyer assessed his permanent impairment at forty percent (4%) to the body as a whole, described h is prognosis as poo r, and advised the plaintiff he sh ould not return to wo rk for the City of Decherd. Dr. Hood stated "he is somewhat limited with his education and things he can do, and it may be that he just could not find a job--a sedentary job or a light working condition that he could return to." Plaintiff has not worked since January 28, 1994. Betty Morris, a vocational expert for the plaintiff, testified plaintiff had a ninety-six percent (96%) loss of access to jobs and should be limited to sedentary work. The defendant presented Charles Randolph Thomas, also a vocational expert, who testified plaintiff suffered a sixty-two and one half percent (62.5%) loss of access to jobs due to the 199 and 1994 chemical exposures, but only a one and one half percent (1.5%) loss of access due to the January 28, 1994, paint fumes 2
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart,
Franklin County Workers Compensation Panel 04/22/98