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| Wilda G. Mccarty v. Fast Food Merchandisers, et al.
01S01-9510-CH-00186
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 sustained a work-related injury to her right arm, and the trial court found she suffered a 33% vocational disability to the right arm as a result of the injury or 16.5% to the body as a whole. See Thompson v. Leon Russell Enterprises, 834 S.W.2d 927 (Tenn. 1992). The plaintiff had been injured in a non-work-related car accident in 1978, and she had injured her back in a work-related accident in January of 1991. The injury to the plaintiff's back resulted in a court-approved workers' compensation award of 36.5% permanent partial disability to the body as a whole. The injury to the plaintiff's right arm, the January 1991 injury to the plaintiff's back and the injury received in the 1978 automobile accident combined resulted in the plaintiff being found permanently and totally disabled. The trial court held under the provisions of T.C.A. _ 5-6-28(a), the plaintiff was to be compensated by the employer for the 16.5% whole body disability as a result of the injury to her arm on July 1991 and by the Second Injury Fund for 83.5% whole body disability. Because of the plaintiff's low rate of pay, the trial court, applying T.C.A. _ 5-6-27(4)(A), found the plaintiff to be entitled to receive payment for 55 weeks rather than 4 weeks, the permanent total disability benefits normally applicable. The trial judge assessed all of this extra 15 weeks to the Second Injury Fund. Our standard of review is de novo on the record, accompanied by the presumption that the trial court's findings of fact are correct, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225(e)(2). Where the issue is one of law, our standard of review is de novo without a presumption of correctness. Bradshaw v. Old Republic Ins. Co., 922 S.W.2d 53, 53 (Tenn. 1996). 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Billy Joe White, |
Fentress County | Workers Compensation Panel | 04/25/97 | |
| Carolyn F. Humphries v. KFC USA, Inc .
O1S01-9607-CH-00147
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Senior Judge James L. Weatherford
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 04/25/97 | |
| Bondy vs. Martin
03A01-9609-JV-00310
|
Monroe County | Court of Appeals | 04/25/97 | |
| 01A01-9702-CH-00052
01A01-9702-CH-00052
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 04/25/97 | |
| Carolyn F. Humphries v. KFC USA, Inc .
01S01-9607-CH-00147
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Senior Judge James L. Weatherford
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 04/25/97 | |
| Roosevelt Smith vs. State
01C01-9604-CR-00135
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| William Tollett vs. State
01C01-9605-CR-00180
|
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Callahan
03C01-9507-CC-00203
|
Sullivan County | Court of Criminal Appeals | 04/24/97 | |
| Joseph Veres vs. State
01C01-9602-CC-00070
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Putnam County | Court of Criminal Appeals | 04/24/97 | |
| William Newton vs. James Cox
02A01-9604-CH-00086
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Shelby County | Court of Appeals | 04/24/97 | |
| State vs. Callahan
03C01-9507-CC-00203
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Sullivan County | Court of Appeals | 04/24/97 | |
| 01C01-9612-CC-00521
01C01-9612-CC-00521
|
Grundy County | Court of Criminal Appeals | 04/24/97 | |
| State vs. Bobby Nash
01C01-9409-CR-00330
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Carolyn Marie Drake v. David Carl Drake
03A01-9610-CV-00312
Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response2 to the petition filed, following an abbreviated trial. On appeal, respondent insists the Trial Court did not have jurisdiction pursuant to Tennessee Code Annotated _36-3-61, et seq., or that the Court refused to permit respondent to present his evidence.
Authoring Judge: HERSCHEL P. FRANKS, J.
Originating Judge:HON. ROBERT M. SUMMITT |
Hamilton County | Workers Compensation Panel | 04/24/97 | |
| State vs. Jeffery Rigney and Herman Hale
01C01-9605-CC-00212
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 04/24/97 | |
| State of Tennessee v. Nathan Allen Callahan
03C01-9507-CC-00203
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Nathan Allen Callahan, was convicted by a Sullivan County jury of one count of first-degree murder and one count of second-degree murder, respectively, for the shooting deaths of his mother and younger sister. The jury set punishment for the first-degree murder conviction at life imprisonment and fined the Defendant $47,. for the count of second- degree murder. The trial court ordered twenty-two years imprisonment on the conviction for second-degree murder to be served concurrently with the life sentence.
Authoring Judge: David H. Welles, Judge
Originating Judge:Hon. R. Jerry Beck |
Sullivan County | Workers Compensation Panel | 04/24/97 | |
| State vs. Skidmore
03C01-9502-CR-00039
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 04/24/97 | |
| Jackie Childs vs. State
01C01-9604-CR-00164
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Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Steve Bryant vs. State
01C01-9605-CR-00190
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Davidson County | Court of Criminal Appeals | 04/24/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/24/97 | ||
| Kenny Covington vs. State
01C01-9604-CR-00149
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Davidson County | Court of Criminal Appeals | 04/24/97 | |
| State vs. William Posey
01C01-9605-CR-00214
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 04/24/97 | |
| Allstate Life Ins. vs. Barber, et. al.
01A01-9611-CH-00504
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 04/23/97 | |
| Johnson v. Goodwill
03S01-9610-CV-00101
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 appeal has resulted from the action of the trial court in dismissing the employee's claim for benefits. The Circuit Judge found plaintiff had failed to establish her injury was caused by an accident which arose out of and in the course of her employment. The sole issue on appeal is whether the evidence preponderates against the conclusion of the trial court. Plaintiff, Joy G. Johnson, testified on October 2, 1993, she stepped into a drainage hole while performing her work-related duties. She reported the incident to several management representatives and signed an accident report which indicated she did not receive any treatment for an injury. She did not miss any work and did not see a doctor until July 1994. Her family doctor then referred her to Dr. Gregory M. Mathien, an orthopedic surgeon. She saw Dr. Mathien on September 15, 1994, which was almost a year after the incident at work. In giving a history, she said she fell about a year earlier and had a second fall about eight months earlier. She never indicated either fall occurred at work. Dr. Mathien's testimony was by deposition and his diagnosis was a torn meniscus with secondary tendinitis. He said the articular cartilage lesion was not work-related but was due to the degenerative process. As to the torn meniscus, he testified causation was hard to say; she only told him she had pain about two and one-half months prior to seeing him, and he could not determine which fall caused the problem or if either event was the cause. Dr. Mathien performed surgery and continued to see her saying the result was not as good as expected. He did not assess any medical impairment as he had no reason to do so. The record indicates plaintiff incurred substantial medical expenses and all bills were submitted to her husband's medical insurance carrier. No medical expenses were ever submitted to defendant employer. She also admitted she never 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. James B. Scott, Jr. |
Johnson County | Workers Compensation Panel | 04/23/97 | |
| State vs. Julius Parker
02C01-9606-CR-00188
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 04/23/97 |