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| Roddy v. Spring
03S01-9704-CH-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. The employee alleged injury to her back when she lifted a bolt of cloth at work. The trial court found that her back condition was caused by a work related accident and awarded 45 percent permanent partial vocational disability and medical expenses, including those of the treating surgeon, which were unauthorized. We affirm the judgment of the trial court. On Saturday, August 8, 1992, the employee, Robbin Roddy, was inspecting rolls of fabric at work when a co-worker brought her an unusually heavy roll to work with. When she threw the roll up in a bin, her back "just popped." She reported the injury to her supervisor, James Hood, who went with her to the office where they completed an injury report. Hood then sent her home. She was aware that the company posted at the work site a list of three doctors from whom she could choose. On the following Monday she went to the Family Medical Center, to the office of one of those doctors, Dr. Richard R. Jost, where she and her family had been seen in the past for routine medical care. It is uncontested that the employee never saw Dr. Jost for examination, evaluation, treatment or assessment of disability for this injury. For all of her treatment she saw Mr. Robert Wayne Harrison, a certified physician's assistant employed and supervised by Dr. Jost. The record indicates that apparently the employee was accustomed to referring to the physician's assistant as "Dr. Rob." In fact, the record shows that counsel for the defendant occasionally referred to him as "Dr. Harrison." When asked about his role in the treatment of the employee, Mr. Harrison testified that he is "permitted to do all aspects of medical care with the exception of write prescriptions. That's actually been changed by statute at the present, but at the time in question, I guess we're dealing with a record of 1992, so at that time the statute did not allow prescription writing." 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Jeffrey F. Stewart, |
Knox County | Workers Compensation Panel | 11/25/97 | |
| Tennessee Municipal League vs. Brook Thompson
01S01-9711-CH-00242
The ruling listed above is the Order regarding the "Tiny Towns" legislation. The full opinion will be published at a later date.
|
Supreme Court | 11/25/97 | ||
| Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 11/25/97 | |
| Luther Haggard vs. State
M2003-02554-CCA-R3-HC
The petitioner, Luther Haggard, filed a petition for the writ of habeas corpus in the Davidson County Criminal Court. In the petition he alleges that various Bradley County, Tennessee, convictions he received pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson County Criminal Court summarily dismissed the petition. We affirm.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/25/97 | |
| Adams v. Peterbilt
03S01-9603-CV-00031
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 plaintiff brought this suit in which he alleged he was totally and permanently disabled and that he was entitled to medical benefits from his employer and the Second Injury Fund. The trial judge found the plaintiff had sustained a 6 percent impairment as a result of an on-the-job injury on May 27, 1994. The trial judge dismissed the suit as to the Second Injury Fund because the amount of the disability of the plaintiff from the current injury when combined with previous workers' compensation injuries did not exceed 1 percent permanent total disability. The plaintiff, in this appeal, says the trial court erred in not finding he was permanently and totally disabled as a result of the May 27, 1994 injury and in not awarding him benefits from the Second Injury Fund. The judgment of the trial court is affirmed. The treating physician, Dr. Robert E. Finelli, an orthopedic surgeon, testified the plaintiff had a ruptured disc at the L4-L5 vertebrae. Dr. Finelli did surgery on the plaintiff and treated him until September 2, 1994. Dr. Finelli returned the patient to work and found he had sustained a 1 - 12 percent permanent medical impairment as a result of the injury. The plaintiff had undergone two previous back surgeries and Dr. Finelli considered these in determining the medical impairment from the last injury. Dr. Finelli was of the opinion that if the plaintiff returned to heavy work he would be at risk for a possible ruptured disc. It was his further opinion that if he did medium work the risk of further back injury was low. Dr. Gilbert Hyde, an orthopedic surgeon, saw the plaintiff on July 28, 1995 for the purpose of evaluating his disability. Dr. Hyde found the plaintiff to be suffering a 22 percent medical impairment as a result of the injury of May 27, 1994. Dr. Hyde 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 11/25/97 | |
| State vs. Tommie Hill
02C01-9511-CC-00335
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Madison County | Court of Criminal Appeals | 11/25/97 | |
| Jones vs. Culpepper
03A01-9706-CH-00202
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 11/25/97 | |
| 01A01-9705-JV-00234
01A01-9705-JV-00234
Originating Judge:David Loughry |
Rutherford County | Court of Appeals | 11/25/97 | |
| Millsaps vs. Robertson-Vaughn Construction
01A01-9704-CH-00160
Originating Judge:Jeffrey F. Stewart |
Marion County | Court of Appeals | 11/25/97 | |
| Ella Pruett vs. Wal-Mart Stores
02A01-9610-CH-00266
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 11/25/97 | |
| State vs. Cecil C. Johnson, Jr.
01C01-9610-CR-00442
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/25/97 | |
| State vs. Randy Joy
02C01-9705-CC-00183
|
Hardeman County | Court of Criminal Appeals | 11/25/97 | |
| State vs. Ronnie Lauderdale
02C01-9706-CR-00207
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/25/97 | |
| State vs. Yeargan
01S01-9604-CC-00080
|
Supreme Court | 11/24/97 | ||
| State vs. Fredrick Sledge
02C01-9405-CR-00089
Originating Judge:Joseph B. Mccartie |
Shelby County | Court of Criminal Appeals | 11/24/97 | |
| Carl Nelson vs. Harold Eugene Martin & Jack W. Gammon
02S01-9604-CV-00036
|
Supreme Court | 11/24/97 | ||
| State vs. Yeargan
01S01-9604-CC-00080
|
Supreme Court | 11/24/97 | ||
| Cindy Stubbs vs. Woodrow Stubbs
02A01-9703-CH-00050
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 11/24/97 | |
| State vs. Daniel Malone
W1999-01678-CCA-R9-CD
The Defendant was indicted for statutory rape and contributing to the delinquency of a minor. The District Attorney General denied the Defendant's application for pretrial diversion. The trial court subsequently granted pretrial diversion. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the trial court granted the State permission for an interlocutory appeal, and this Court allowed the State's appeal. On appeal, the State argues that the trial court erred in granting pretrial diversion. We agree that the trial court committed reversible error in granting pretrial diversion and remand to the circuit court for further proceedings.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:John F. Murchison |
Madison County | Court of Criminal Appeals | 11/24/97 | |
| Deborah Plunk vs. Edward Plunk
02A01-9702-CH-00040
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 11/24/97 | |
| State vs. Anthony Paul Alderson
01C01-9611-CC-00461
Originating Judge:James L. Weatherford |
Maury County | Court of Criminal Appeals | 11/21/97 | |
| State vs. David Palmer
01C01-9607-CR-00285
|
Davidson County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Terrell Cowans
02C01-9610-CC-00359
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Henry County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Timothy Redd
01C01-9608-CC-00342
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 11/20/97 | |
| State vs. Ronald Tyler
02C01-9706-CC-00216
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 11/20/97 |