APPELLATE COURT OPINIONS

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Dempsey vs. International

03A01-9709-CV-00436
Court of Appeals 05/19/98
State vs. Stacy Ramsey

01C01-9412-CC-00408

Originating Judge:Julian P. Guinn
Montgomery County Court of Criminal Appeals 05/19/98
Wakefield vs. Crawley

03A01-9707-CH-00290
Court of Appeals 05/19/98
Church vs. State

03C01-9604-CR-00144

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 05/19/98
Ward vs. State

03C01-9705-CC-00193

Originating Judge:J. Curtis Smith
Court of Criminal Appeals 05/19/98
Helm vs. Hayes

03A01-9710-PB-00497
Court of Appeals 05/19/98
Oates vs. Glenstone

03A01-9712-CV-00545
Court of Appeals 05/19/98
King vs. State

03C01-9705-CC-00179

Originating Judge:Rex Henry Ogle
Court of Criminal Appeals 05/19/98
State vs. Thomas Dee Huskey

03S01-9610-CR-00096
Supreme Court 05/18/98
Parker vs. State

03C01-9706-CR-00214

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 05/18/98
Blye vs. State

03C01-9612-CR-00469
Johnson County Court of Criminal Appeals 05/18/98
William Hobson vs. State

01C01-9710-CR-00497

Originating Judge:David H. Welles
Davidson County Court of Criminal Appeals 05/18/98
Bettye/Louis Schopfer vs. Kroger

02A01-9707-CV-00138

Originating Judge:Karen R. Williams
Shelby County Court of Appeals 05/18/98
Britt vs. State

03C01-9708-CC-00349

Originating Judge:Buddy D. Perry
Bledsoe County Court of Criminal Appeals 05/18/98
State vs. Bolden

03C01-9706-CR-00230

Originating Judge:E. Eugene Eblen
Roane County Court of Criminal Appeals 05/18/98
Don/Phil Gordon vs. Georgetown Univ

02A01-9709-CH-00218

Originating Judge:William Michael Maloan
Weakley County Court of Appeals 05/15/98
Special Judge Hamilton v. Gayden, Jr.

02S01-9707-CV-00069
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. The trial judge found the plaintiff had suffered a 5 percent impairment to each of her arms as a result of carpal tunnel syndrome which arose out of her employment with United Postal Service ("UPS"). We find the evidence in this case preponderates against an award of 5 percent to each arm and find the evidence preponderates in favor of an award of 25 percent to each arm. At the time of the trial of this case, the plaintiff was 45 years of age. She has a twelfth grade education and had worked for UPS for 18 years as a truck driver. The plaintiff's work history included operating an antique store and working as a sales clerk, a loan officer for a bank, and an executive secretary. The only issue before us is whether the trial court's award of 5 percent to each arm is supported by the evidence. The evidence concerning the extent of the plaintiff's disability is supplied by the plaintiff's testimony; by the medical report and records of Dr. Lowell Stonecipher, an orthopedic surgeon and the treating physician who was furnished by the defendant; by the report of Dr. Robert J. Barnett, an orthopedic surgeon, who evaluated the plaintiff at her request; and by the report of Dr. Ronald C. Bingham, who conducted nerve conduction tests on the plaintiff at the request of Dr. Stonecipher -- these tests showed mild residual median neuropathy. The plaintiff began to experience difficulty with her arms and hands in June 1996. Dr. Stonecipher diagnosed the condition as carpal tunnel syndrome and did surgery to relieve the condition in her left arm on February 21, 1996. On April 2, 1996, Dr. Stonecipher did surgery on the plaintiff's right arm. The plaintiff returned to work in June 1996 doing the same work she had done prior to having surgery. The plaintiff testified the work caused her hands and 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. C. Creed Mcginley,
Henry County Workers Compensation Panel 05/15/98
State vs. Ted Brannan

01C01-9704-CC-00148
Franklin County Court of Criminal Appeals 05/15/98
State vs. James Messick

01C01-9702-CC-00065
Coffee County Court of Criminal Appeals 05/15/98
Edwin B. Raskin Co. vs. Johnson

01A01-9708-CH-00392

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/15/98
Robert Bellafant vs. State

01C01-9705-CC-00183
Maury County Court of Criminal Appeals 05/15/98
State vs. Eric Henderson/James Hill

02C01-9708-CR-00302

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 05/15/98
Randall Fleming vs. Jacqueline Yi

02A01-9706-CV-00129

Originating Judge:Whit A. Lafon
Madison County Court of Appeals 05/15/98
In re: Brittany Swanson, a minor

02A01-9709-CV-00233

Originating Judge:Joseph H. Walker, III
Tipton County Court of Appeals 05/14/98
State vs. Jamil Butler

01C01-9612-CR-00529
Davidson County Court of Criminal Appeals 05/14/98