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| Ronnie Bradfield vs. Stephanie Cole, et al
02A01-9707-CV-00171
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 02/26/98 | |
| Virginia vs. Wagner
03A01-9705-CH-00177
Originating Judge:Frank V. Williams, III |
Knox County | Court of Appeals | 02/26/98 | |
| State vs. Gabriel Blackman
02C01-9704-CC-00135
Originating Judge:Jon Kerry Blackwood |
McNairy County | Court of Criminal Appeals | 02/26/98 | |
| 01C01-9512-CR-00414
01C01-9512-CR-00414
|
Davidson County | Court of Criminal Appeals | 02/26/98 | |
| State vs. Dewayne Cathey
02C01-9612-CR-00446
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 02/26/98 | |
| 01C01-9602-CC-00052
01C01-9602-CC-00052
|
Rutherford County | Court of Criminal Appeals | 02/26/98 | |
| 01C01-9608-CR-00347
01C01-9608-CR-00347
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 02/26/98 | |
| Greenback vs. Loudon
03A01-9706-CV-00207
Originating Judge:Russell E. Simmons, Jr. |
Loudon County | Court of Appeals | 02/26/98 | |
| State vs. Crain
03C01-9604-CC-00149
|
Unicoi County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Jones
03C01-9701-CR-00016
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Millsaps
03C01-9601-CC-00044
|
Monroe County | Court of Criminal Appeals | 02/25/98 | |
| 03C01-9608-CR-00309
03C01-9608-CR-00309
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 02/25/98 | |
| State vs. Alfonzo Chalmers
W2000-00440-CCA-R3-CD
The defendant appeals from his conviction for first degree premeditated murder. He contends that the evidence is insufficient to support the conviction and that the trial court erred by impermissibly commenting on the evidence in violation of article VI, section 9 of the Constitution of Tennessee. We affirm the judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 02/25/98 | |
| James Peeler v. Methodis Medical Center
03S01-9704-CH-00045
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the trial court erred (1) in finding a causal relationship between the claimant's employment and his injury and (2) in finding the claimant will retain permanent partial disabilities of forty-five percent to the right arm and thirty percent to the left arm. As discussed below, the panel has concluded the judgment should be affirmed. The claimant or employee is thirty years old with a GED. He is a certified nursing assistant and had, at the time of his injury, worked for the employer, Methodist Medical Center, since 1991 as an attendant. His duties included turning, bathing, weighing and walking patients and pushing stretchers and wheel chairs of patients. He gradually developed carpal tunnel syndrome. Dr. Eugenio Vargas treated the claimant and ultimately performed bilateral carpal tunnel surgery. He testified the injuries were causally related to the claimant's job and that he would retain a ten percent permanent impairment to both arms. Dr. Clifford Posman viewed the claimant's medical records, including the reports of Dr. Vargas, and opined that the claimant's injuries were not work-related. Rodney Caldwell, a vocational consultant, opined the claimant was forty-seven percent vocationally disabled. The trial court found the injuries to be compensable and fixed the claimant's permanent partial disability at thirty-seven and one-half percent to both arms.1 Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). From a careful consideration of the medical and lay proof in this case, the panel is unable to say the evidence preponderates against the trial judge's finding that the injuries are work-related. The first issue is resolved in favor the employee. 1 More precisely, the trial judge awarded benefits on the basis of 45% to the right arm and 3% to the left arm, which equates to 37 1/2% to both arms, a scheduled injury. 2/24/98
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State of Tennessee v. James Henderson Dellinger &Amp; Gary
E1997-00196-CCA-R3-DD
Authoring Judge: Judge Jerry Smith
|
Blount County | Court of Criminal Appeals | 02/24/98 | |
| State vs. McConnell
03C01-9604-CC-00148
|
Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Winn
03C01-9702-CR-00081
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| Bridgestone/Firestone, Inc. v. Deborah Dunn
01S01-9707-CH-00160
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." A counter-claim followed in course, with the employee alleging that her neck injury resulted in temporary total disability, temporary partial disability, permanent impairment and disability, together with the incurrence of medical expenses. The trial court found the issues in favor of the employee and awarded her benefits based upon a twelve and one-half percent disability to her whole body, thus entitling her to a recovery of $2,793.5 to be paid in a lump sum. By separate order the employee was awarded $6. discretionary costs. The propriety of these awards is questioned on appeal. 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. T.C.A. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The claimant is 37 years old, with limited marketable skills. She was initially employed in 1991 or 1992, according to her testimony. In 1992 "something happened to my neck" while loading a spool of wire. Two or three
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. Richard Mcgregor |
Warren County | Workers Compensation Panel | 02/24/98 | |
| State vs. Willliam Trotter .
01C01-9701-CR-00019
|
Davidson County | Court of Criminal Appeals | 02/24/98 | |
| Michael Lee Proffit v. Superior Industries, Inc.
03S01-9701-CH-00008.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer has appealed from an adverse judgment, contending the award of permanent partial disability benefits is excessive. The employee contends the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Proffitt, is 37 years old with a fifth grade education and experience as a mason's helper, a painter, a farm worker and a sawmill operator. He began working for the employer in 1993 as a janitor. On April 25, 1994, he was assisting another worker to empty a heavy trash barrel when he felt a sudden pulling sensation in his back. He continues to have sharp pain in his back and numbness in his back and legs. He no longer works for Superior Industries. Four medical doctors testified at the trial. Dr. Henry J. Williams treated the claimant in the emergency room shortly after the accident and diagnosed lumbar strain. The doctor first assigned no permanent impairment. After further visits, however, he assessed a permanent impairment of one percent to the body as a whole. Dr. Matthew Wood, Jr. examined the claimant and found no permanent impairment. Dr. Fred Killefer agreed with Dr. Wood. Dr. Calvin J. Johnson examined the claimant and found objective evidence of injury in the form of muscle spasm. He diagnosed chronic low back syndrome with facet arthritis and assessed ten percent permanent impairment to the whole body. He restricted the claimant from repetitively bending, stooping, squatting or lifting more than twenty pounds. The trial judge awarded permanent partial disabilitybenefits on the basis of twenty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State vs. Chloe Clark
01C01-9704-CC-00134
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Robert Bitner
02C01-9705-CC-00177
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Willliam Trotter .
01C01-9701-CR-00019
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 02/24/98 | |
| Chad Swatzell vs. State
01C01-9604-CC-00154
|
Williamson County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Donald Long
02C01-9610-CC-00362
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 02/24/98 |