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| Fortunes vs. Watson
03A01-9705-CV-00164
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 10/31/97 | |
| Roxie Moorehead v. Lincoln & Donalson Care Center
01S01-9703-CV-00049
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 issue is this case is whether the replacement of the plaintiff's right knee was causally related to a compensable accident within the purview of applicable law. The trial judge found the issue in favor of the plaintiff and awarded benefits based upon a determination that she had an 85 percent permanent partial disability to her right leg. The employer appeals, insisting that the judgment is contrary to the preponderance of the evidence. Our 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 584 (Tenn. 1991). The plaintiff is a 62 year old woman of limited education and skills. She was employed as a nursing technician1 at the Care Center where she began work in 1991. On April 17, 1994, a patient whom she was attending kicked her right knee, which caused momentary pain. She continued to work for three weeks during which time her knee became stiff and painful. She was seen by Dr. Michael Siaw, an orthopedic specialist who recommended conservative treatment. She did not respond, and Dr. Siaw scheduled her for a MRI which revealed an oblique tear of the lateral meniscus. Dr. Siaw believed this injury was consonant with the history the plaintiff gave him of having been kicked on the knee by a patient at the nursing home. Eventually, it became necessary to correct the tear arthroscopically. This procedure was performed on July 5, 1994, and successfully so, although pre- existing osteoarthritis continued to cause the plaintiff considerable pain. The plaintiff returned to work, and the arthritic condition worsened, according to her. Dr. Siaw saw her on June 21, 1996 and discovered that she had a total knee replacement 1 Being a nursing technician involves lifting, bathing, feeding, and dressing patients. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell, |
Moore County | Workers Compensation Panel | 10/31/97 | |
| 03C01-9612-CR-00453
03C01-9612-CR-00453
|
Johnson County | Court of Criminal Appeals | 10/31/97 | |
| Engenius Entertainment vs. W. W. Herenton, et al
02A01-9704-CH-00078
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/31/97 | |
| Dan Lomax vs. JMCGH
02A01-9706-CH-00116
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/31/97 | |
| Gates vs. State
03C01-9510-CC-00313
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 10/31/97 | |
| State vs. Ball
03C01-9512-CC-00387
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 10/31/97 | |
| Courtner vs. State
03C01-9701-CR-00005
|
Johnson County | Court of Criminal Appeals | 10/31/97 | |
| Alcazar vs. Hayes
03A01-9707-CV-00285
|
Bradley County | Court of Appeals | 10/30/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/30/97 | ||
| State vs. Christopher McBride
01C01-9610-CC-00437
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 10/30/97 | |
| Edward Nesbitt vs. State
01C01-9611-CR-00491
Robert L. Smith, Jr. vs. Judge Sterling Gray, Warden Howard Carlton, and State of Tennessee
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| Otha Bomar vs. State
01C01-9607-CR-00325
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Anthony Darden
01C01-9604-CR-00140
Originating Judge:William M. Barker |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| Pait vs. City of Gatlinburg
03A01-9704-CH-00142
|
Sevier County | Court of Appeals | 10/30/97 | |
| Mullins vs. Mullins
03A01-9705-CH-00153
|
Court of Appeals | 10/30/97 | ||
| 01CO1-9607-CC-00296
01CO1-9607-CC-00296
|
Montgomery County | Court of Criminal Appeals | 10/30/97 | |
| First American vs. Fitzgerald
03A01-9704-CH-00131
|
Court of Appeals | 10/30/97 | ||
| Hyson vs. State
03C01-9611-CR-00393
|
Johnson County | Court of Criminal Appeals | 10/30/97 | |
| Marcella J. Cheek, v. Margaret Culpepper, Commissioner of Employment Security and Galen Internal Medicine Group, P.C.
03A01-9706-CH-00218
The Appeals Tribunal and the Board of Review held that this appellee was disqualified to receive unemployment insurance benefits because she voluntarily quit her job without good cause. Judicial review was sought by the appellee, and the decision of the Board of Review was reversed by the Chancellor, who found that “there was no substantial evidence to support the finding of fact that the petitioner’s shift change was temporary.” The employer appeals and presents for review the propriety of the reversal of the decision of the Board of Review.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Earl H. Henley |
Bradley County | Court of Appeals | 10/30/97 | |
| State vs. Patsy Baker
01C01-9508-CC-00277
|
Franklin County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Patrick Lewis, II, Patrick Lewis and Donna Lewis
01C01-9608-CC-00378
|
Williamson County | Court of Criminal Appeals | 10/30/97 | |
| Whittle-Wolfe vs. Wolfe
03A01-9704-CV-00107
|
Court of Appeals | 10/30/97 | ||
| Roach vs. State
03C01-9604-CC-00155
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Karen McKnight
01C01-9601-CC-00042
|
Court of Criminal Appeals | 10/30/97 |