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| Smiley, et. al. vs. Walker
01A01-9704-JV-00164
Originating Judge:William C. Koch |
Court of Appeals | 01/16/98 | ||
| Dowling, aka: Berle
01A01-9706-PB-00268
|
Court of Appeals | 01/16/98 | ||
| Wilson vs. Mcwherter
01A01-9706-CV-00266
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 01/16/98 | |
| Smiley, et. al. vs. Walker
01A01-9704-JV-00164
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 01/16/98 | |
| State vs. Robert Zandi
02C01-9703-CC-00122
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 01/15/98 | |
| Eddie Freeman v. Kimberly-Clark Corp.
02S01-9612-CV-00106
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 of findings of fact and conclusions of law. The employer, Kimberly-Clark, appeals and contends that the evidence preponderates against the trial court's findings (1) in ordering the extension of temporary total disability benefits through July 1996, and (2) in ordering the defendant to pay the medical expenses and deposition costs resulting from Plaintiff's treatment by and the deposition of Dr. Berry. The panel concludes that the judgment should be modified in part and reversed in part. Edward Freeman ("Plaintiff") was employed by Kimberly-Clark ("Defendant") for some eight years as a maintenance insulator. While lifting a load of cardboard boxes during work hours he suffered an injury to his neck. His treating physician determined that Plaintiff had ruptured two discs in his neck which required surgery. Following surgery, due to undetermined causes, fusion plugs that had been inserted into Plaintiff's neck during the first surgery slipped out of place, causing him to have to undergo two additional surgeries to correct the problem. In order to prevent future slippage of the fusion plugs, Plaintiff was fitted with a halo traction device following his third surgery for immobilization of his head and neck. This device was secured by steel pins screwed through the scalp and into the outer surface of the skull. Following the third surgery in August of 1992, one of Plaintiff's treating physicians, Dr. Lindermuth, released Plaintiff into the care of the other treating physician, Dr. Meredith, who after treating Plaintiff for slightly over a year determined that he had reached maximum medical improvement as of September 7, 1993. During this same period of time Plaintiff was referred by his counsel to Dr. McAfee for pain management and evaluation. On October 15, 1993 Dr. McAfee produced a plan for Plaintiff to gradually taper off his therapy and medication over the course of approximately one month. Dr. McAfee testified that in his opinion Plaintiff had achieved maximum medical improvement at that time. He encouraged Plaintiff "to think positive toward going back to work by the end of December of 1993." Since 1989, Plaintiff had been under the care of Dr. Harris, a licensed psychiatrist. From that time through May of 1992, Dr. Harris treated Plaintiff for
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. Robert A. Lanier, Judge |
Shelby County | Workers Compensation Panel | 01/15/98 | |
| State vs. Collier Harris
02C01-9612-CR-00447
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 01/15/98 | |
| State vs. Darel G. Bolin
03C01-9612-CR-00450
Originating Judge:Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 01/15/98 | |
| Pam Fenner v. D.B.C. Enterprises, et al
02S01-9703-CV-00023
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 court granted summary judgment in favor of the defendants for lack of jurisdiction and dismissed the cause with prejudice at the plaintiff's cost. We affirm the judgment of the trial court on the grounds that Tennessee does not have jurisdiction over this case under the provisions of TENN. CODE ANN. _ 5- 6-115, which governs extraterritorial jurisdiction of the Tennessee Workers' Compensation Law. The plaintiff contacted the defendant D.B.C. Enterprises' headquarters in Grand Rapids, Michigan by telephone in late August 1993 from Camden, Tennessee after she learned of the possibility of employment. She stated in her deposition that at the time she made the initial inquiry, the only contact that she and her husband had with Tennessee was their ongoing attempt to purchase real property. Plaintiff first spoke by telephone to the hiring agent for D.B.C., Pete Carroll, who told her that she would have to travel to Grand Rapids to finalize employment with the company. She was not hired during the course of this initial phone call. By the plaintiff's own admission, her employment was contingent upon passing a physical examination and completing entrance paperwork at the defendant's Grand Rapids headquarters. She was actually hired in Grand Rapids, Michigan on September 1, 1993, after taking a physical examination, completing an interview and finalizing the formal paperwork. The affidavit of Victor Mainwaring, D.B.C. Enterprises Safety Director, states that no contract for hire was ever entered between D.B.C. and the plaintiff in Tennessee and that the plaintiff's employment was not principally localized in Tennessee. His affidavit further states that [D.B.C.] Enterprises does not run, operate, or own a terminal in Tennessee and that driver trip data sheets completed by the plaintiff and her husband indicate that at no time did the plaintiff deliver, pick up, load or unload anything in the State of Tennessee. Plaintiff alleges that on October 22, 1993, she was injured in Gallup, New Mexico while enroute from California carrying cargo for the defendant. Under Tennessee law, a court may assume jurisdiction of a workers' compensation action
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Julian P. Guinn |
Benton County | Workers Compensation Panel | 01/15/98 | |
| State vs.Donald Middlebrooks
01C01-9606-CR-00230
|
Davidson County | Court of Criminal Appeals | 01/15/98 | |
| State vs. Vincent Harris
02C01-9702-CR-00063
|
Shelby County | Court of Criminal Appeals | 01/15/98 | |
| State vs. Pervis Payne
02C01-9703-CR-00131
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 01/15/98 | |
| City of Milan Hosp., et al vs. Rex Ferrell, et al
02A01-9703-CH-00068
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 01/15/98 | |
| State vs. McElyea
03C01-9606-CC-00240
Originating Judge:Arden L. Hill |
Washington County | Court of Criminal Appeals | 01/15/98 | |
| Doris Hensley v. Liberty National Life Ins. Co.
02S01-9705-CH-00044
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Dewey C. Whitenton, |
Hardeman County | Workers Compensation Panel | 01/15/98 | |
| Harvell vs. Williams
01A01-9706-CH-00258
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 01/14/98 | |
| Ogburn vs. Dept. of Corrections
01A01-9707-CH-00284
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 01/14/98 | |
| Irick vs. State
03C01-9608-CR-00304
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 01/14/98 | |
| State vs. Alonzo Watson
01C01-9606-CC-00260
|
Montgomery County | Court of Criminal Appeals | 01/14/98 | |
| IN RE: Estate of O'Neal
03A01-9706-CH-00214
|
Court of Appeals | 01/14/98 | ||
| Donnie Benson vs. State
01C01-9708-CR-00324
|
Davidson County | Court of Criminal Appeals | 01/14/98 | |
| Emma Smith vs. Hubert Smith
02A01-9709-CV-00223
Originating Judge:Filed |
Shelby County | Court of Appeals | 01/14/98 | |
| State vs. James Fernandez
01C01-9609-CR-00394
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 01/14/98 | |
| Ogburn vs. Dept. of Corrections
01A01-9707-CH-00284
Originating Judge:William C. Koch |
Court of Appeals | 01/14/98 | ||
| Stinson vs. 138 Fifth Avenue South, et. al.
01A01-9702-CV-00060
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/14/98 |