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| Dockery vs. State
03A01-9704-CV-00135
|
Anderson County | Court of Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 08/28/97 | ||
| State vs. Vaughn Mixon
02C01-9507-CC-00204
Originating Judge:John Franklin Murchison |
Chester County | Court of Criminal Appeals | 08/28/97 | |
| Hon. Frank v. Williams, Iii,
01S01-9609-CV-00174
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. This case was heard on March 15, 1996. The plaintiff alleged that he sustained work injuries on October 29, 1986 (pulmonary injury), January 21, 1986 (carpal tunnel syndrome), and January 6, 1986 (back injury). The trial court found the plaintiff's injuries were compensable and awarded the plaintiff permanent total disability plus medical costs. Prior to July 1, 1985, the level of review on appeal was whether there was any material evidence to support the findings of a trial court. Hilton v. Food Lion, Inc., 738 S.W.2d 626, 627 (Tenn. 1987). After July 1, 1985, the level of review is de novo upon the record with a presumption of the correctness of the trial court's findings of fact unless the preponderance of the evidence is otherwise. Alley v. Consolidated Coal Co., 699 S.W.2d 147, 147-48 (Tenn. 1985). All of the injuries upon which the trial court awarded compensation occurred after July 1, 1985. The standard of review, therefore, is under the preponderance rule set out in the 1985 amendment to the Workers' Compensation Law as elucidated in Alley, supra. The standard of review created by the amendment requires us to conduct an independent examination of the record on appeal to determine where the preponderance of the evidence lies.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:JIM T. HAMILTON, JUDGE |
Maury County | Workers Compensation Panel | 08/28/97 | |
| Jenkins v. Goddard
03A01-9704-CH-00139
|
Court of Appeals | 08/28/97 | ||
| Goad v. Cna
03S01-9606-CV-00064
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. In this appeal, the employer insists the award of permanent partial disability benefits is excessive; and the claimant or employee insists the award of permanent partial disability benefits is inadequate, the trial court erred in finding part of the claimant's claim to be time barred, the appeal should be dismissed for failure to file part of the transcript, and the appeal is frivolous. As discussed below, the panel has concluded the trial court's judgment that the claim for disability benefits resulting from a 1989 injury is time barred should be affirmed, and that the award of permanent disability benefits from a 1992 injury should be reversed and dismissed. This claim involves two separate injuries to the claimant, both arising out of and in the course of his employment by the same employer. The first injury occurred in November of 1989, when the claimant strained his lower back while lifting a fuel cell. The treating physician diagnosed lumbar disc injury with mechanical nerve compression. He was unable to work for three months. Although the doctor assigned a permanent whole person impairment rating of five percent, the claimant returned to work and received no permanent disability benefits. On April 8, 1992, the claimant injured his neck and low back in a fork lift collision, but was unable to work for only a few days. On June 29, 1992, he saw Dr. Robert J. Wilson, who found no objective evidence of injury, but assigned an impairment rating of three percent, from subjective complaints of pain. On January 5, 1993 and June 25, 1993, he saw Dr. William E. Kennedy, who diagnosed chronic low back and cervical syndrome superimposed on pre-existing degenerative disc disease. Dr. Kennedy assigned a permanent impairment rating of eight percent and restricted the claimant from activities requiring bending, stooping, squatting, heavy lifting, working over 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Knox County | Workers Compensation Panel | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Monroe County | Court of Appeals | 08/28/97 | |
| Jenkins v. Goddard
03A01-9704-CH-00139
|
Court of Appeals | 08/28/97 | ||
| State vs. Larry Dawson
02C01-9704-CC-00156
|
Lauderdale County | Court of Criminal Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 08/27/97 | ||
| Bowman v. A-best
03A01-9703-CV-00092
|
Court of Appeals | 08/27/97 | ||
| United Citites Gas Co. vs. Suddarth
01A01-9611-CV-00528
|
Rutherford County | Court of Appeals | 08/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 08/27/97 | |
| Lindsey vs. Lindsey
01A01-9702-CV-00079
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 08/27/97 | |
| Ogburn vs. The Gas & Water Dept., City of Clarksville
01A01-9702-CH-00056
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Appeals | 08/27/97 | |
| Spruell vs. Spruell
03A01-9704-CV-00124
|
Court of Appeals | 08/27/97 | ||
| Raymond L. Cox v. Thomas R. Hicks
E2000-01141-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/97 | |
| Holder, etc., vs. Celsor, et. al.
01A01-9702-CV-00080
Originating Judge:Bobby H. Capers |
Trousdale County | Court of Appeals | 08/27/97 | |
| State vs. Maurice Teague
02C01-9704-CC-00132
|
Court of Criminal Appeals | 08/27/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Cocke County | Court of Appeals | 08/27/97 | |
| Scruggs vs. TR
03A01-9701-CV-00038
|
Knox County | Court of Appeals | 08/27/97 | |
| State vs. Vincent Jones
02C01-9409-CR-00201
|
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. Edward Jones
02C01-9607-CR-00226
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. James Delbridge
02C01-9605-CR-00142
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. John Williams
02C01-9704-CC-00148
|
Madison County | Court of Criminal Appeals | 08/27/97 |