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| Victor James Cazes vs. State
02S01-9707-CR-00064
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 10/26/98 | |
| Bruce W. Link v. The Aerostructures
01S01-9710-CH-00217
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. A finding of 12 percent disability to the plaintiff's left leg is derided by the employer who strenuously argues that the evidence strongly weighs against the judgment and that the claim for permanent, partial disability should be denied. The plaintiff is 56 years old, and is a resident of Bowling Green, Kentucky. His vocational history reveals his talents for things mechanical: mill operator, aircraft assembler, machine shop supervisor, fabricator, turbine repair, back dump operator, precision grinder. He has also worked as an insurance salesman, automobile salesman and manager of a truck stop. He is experienced in computer fundamentals, blueprint and problem solving. All of this by way of his own testimony. He alleged that he injured his left knee and hip as a result of slipping which jammed his knee into a machine. His testimony was divergent; he testified that he slipped on a "metal thing" and fell, and complained only of his left knee. The first report of work injury recites that the plaintiff reported a twinge in his left knee while stepping down from a machine on October 12, 1994. Several months earlier, in April, he complained of slipping and striking a fixture. He was treated by Dr. William Gavigan, an orthopedic specialist, who testified that x-rays of the plaintiff's knee were normal and an MRI study revealed no problems. An arthroscopic examination revealed no evidence of a 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Carol L. Mccoy, |
Davidson County | Workers Compensation Panel | 10/26/98 | |
| State vs. Joseph McDaniel
02C01-9801-CC-00016
|
Decatur County | Court of Criminal Appeals | 10/26/98 | |
| McCurry vs. Container Corp. of America
03S01-9705-CH-00050
Originating Judge:Billy Joe White |
Supreme Court | 10/26/98 | ||
| Loyal Featherstone Constru. vs. Robert Coleman
02A01-9709-CH-00213
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 10/26/98 | |
| State vs. Anthony Goods
02C01-9712-CR-00479
|
Shelby County | Court of Criminal Appeals | 10/26/98 | |
| State vs. Brent Brown
02C01-9710-CC-00419
|
Hardeman County | Court of Criminal Appeals | 10/26/98 | |
| Linda Butler v. Lumbermen's Mutual Ins.
01S01-9709-CH-00192
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 Chancellor found that the plaintiff sustained an injury to her left foot which resulted in a 3 percent vocational impairment. This finding is challenged on appeal. 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). The plaintiff is 59 years old. She finished the 11th grade and has extensive industrial training. She was employed by Lanier Clothes, a textile manufacturer in Franklin County, for 22 years. Her duties required a substantial amount of walking. In April 1995, she developed a problem with her left foot, caused by a calcaneal spur. Her attending physician, Dr. Richard Bagby, prescribed custom molded inserts for her shoes, with anti-inflammatory medication. The footware was modified from time to time. She never missed work at Lanier, which closed its factory in October, 1995. About ten weeks later, the plaintiff was employed by Wal-Mart, where she functions satisfactorily so long as she utilizes the orthotic inserts. Dr. Bagby assessed her impairment at five percent to her left foot. He imposed no restrictions but thought she could experience some difficulty if she stood on hard surfaces all day. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jeffrey F. Stewart, |
Franklin County | Workers Compensation Panel | 10/26/98 | |
| Premium Finance Corp. vs. Crump Ins. Ser. of Memphis et al
02S01-9711-CV-00095
|
Shelby County | Supreme Court | 10/26/98 | |
| William Mcdowell v. Henry I. Siegel Co., Inc. and Royal Insurance Co.
02S01-9710-CV-00088
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 that the plaintiff had sustained thirty percent permanent partial disability to each arm and entered judgment accordingly. The defendant employer, Henry I. Siegel Company, Inc. (HIS), and its insurance carrier, Royal Insurance Company, present issue that the thirty percent permanent partial disability to each arm is excessive and should be reduced to approximately ten percent permanent disability to each arm. It was stipulated before trial that the plaintiff had a gradually occurring injury in both arms. The only question that was presented to the trial court was the extent of the disability. The plaintiff testified that he is a high school graduate. He was 47 years of age at the time of his injury. He has worked for the defendant since May, 1967 and continues to work for the defendant as a "packer." The plaintiff testified that in October, 1994 his hands and wrists began hurting. His right hand and wrist hurt more than the left. His hands and wrists continued to hurt, but he continued to work until he had surgery on the right hand on January 9, 1995. After surgery to his right hand, his left hand and arm became much worse. Ultimately he had surgery on the left hand and arm on February 8, 1995. After the surgery on his left hand, both hands continued to pain but the left hand was much worse than the right hand. He went to see Dr. Eugene F. Gulish who performed a second surgery on the left hand on March 12, 1996. Plaintiff testified that after the repeat surgery on the left hand, it improved. However, he continued to have wrist pain and tingling running down three fingers. It was not as bad at the time of trial as before the second surgery, but at times he could not pick up a cup of coffee, open cans of Coke, or open jars. He does not have the grip strength he once had in the left hand. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, Judge |
Carroll County | Workers Compensation Panel | 10/26/98 | |
| State vs. Darren Parsons
02C01-9801-CC-00030
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Michell Leiderman
01C01-9703-CC-00088
|
Marion County | Court of Criminal Appeals | 10/23/98 | |
| Hobbs vs. Hobbs
01A01-9801-CV-00015
Originating Judge:J. Curtis Smith |
Sequatchie County | Court of Appeals | 10/23/98 | |
| State vs. Tavarus Williams
02C01-9711-CR-00423
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/23/98 | |
| Jerome Williams vs. State
01C01-9709-CR-00441
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Danny Meeks vs. State
01C01-9709-CC-00387
|
Grundy County | Court of Criminal Appeals | 10/23/98 | |
| Ledford vs. Ledford
01A01-9701-CH-00029
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 10/23/98 | |
| State vs. Looper
M1999-00662-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert M. Summitt |
Putnam County | Court of Appeals | 10/23/98 | |
| State vs. Gary Vaughn, et al
01C01-9709-CR-00415
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Putnam County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Audrey Downs
02C01-9710-CR-00390
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Shelby County | Court of Criminal Appeals | 10/23/98 | |
| William A. Ransom vs. State
01C01-9708-CC-00328
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Coker vs. State Claims Comm
01A01-9806-BC-00318
|
Court of Appeals | 10/23/98 | ||
| State vs. Joseph Martin Thurman
01C01-9706-CC-00231
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Marion County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Kenneth Nesbitt
02C01-9801-CC-00029
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Carroll County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Keith Guy
02C01-9712-CC-00478
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/23/98 |