APPELLATE COURT OPINIONS

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State vs. Michael Henry

02C01-9611-CC-00382

Originating Judge:William B. Acree
Obion County Court of Criminal Appeals 05/29/97
Williams v. Sweetwater

03S01-9607-CH-00084
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. Plaintiff alleged a work-related aggravation of a pre-existing non-work-related back condition. She alleged that medical expenses and temporary total disability benefits had been paid by the employer but sought permanent partial disability, future medical expenses and discretionary costs. The trial court found that the temporary aggravation of her back condition had resolved with no permanent impairment and awarded no future benefits. We affirm the judgment of the trial court. Plaintiff, a registered nurse, injured her back at home in June, 1992. Dr. David Hauge, orthopedic surgeon, performed lumbar disk surgery at L4-L5 on November 19, 1992 and returned plaintiff to work the following January with lifting restrictions. Plaintiff alleged that on January 25, 1993, she re-injured her back while lifting a patient at work. Dr. Hauge placed her on temporary total disability for three weeks and treated her conservatively, after which she returned to work again. Dr. Hauge opined that 2 percent of patients who have disk surgery experience recurrent herniations of the same disk. There are various causes of such recurrences, some related to the surgery itself and some which are due to just normal activity. He could not state within reasonable medical certainty whether or not plaintiff's recurrent herniation was work-related. Dr. Hauge opined that the original, non-work-related injury resulted in eleven percent permanent partial disability to the body as a whole: "I would state that the 11% impairment to the body . . . is a result of the injury she sustained in June, 1992 and her subsequent surgery. The percentage impairment this patient has did not change as a result of the January, 1993 incident, although it certainly can be argued that she was much more likely to have an aggravation requiring medical treatment because of the existence of this previous problem." Our review of the findings of fact made by the trial court is de novo upon the 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Earl H. Henley,
Knox County Workers Compensation Panel 05/29/97
Robin Lethco and husband, Mark Lethco v. John Huffman, M.D.

03A01-9610-CV-00340

The sole issue on this appeal, as stated by the appellant, is whether the trial court erred in dismissing this action on motion for summary judgment. More properly stated, the issue is whether or not the trial court abused its discretion by denying a motion for a continuance of the hearing for summary judgment or alternatively whether the trial court abused its discretion in denying the plaintiffs relief from the summary judgment. We find no error on the part of the trial court and accordingly affirm the judgment.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Dale Young
Blount County Court of Appeals 05/28/97
State, ex. rel., Douglas Sizemore vs. United Physicians Insurance

01A01-9610-CH-00484

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 05/28/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
Stewart v. City of Johnson City

03S01-9606-CH-00066
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.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. GERALD JOHNSON
Stewart County Workers Compensation Panel 05/28/97
Grimsley vs. State

03C01-9701-CR-00017

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 05/28/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
Dockery vs. Estate of Jack C. Massey

01A01-9611-CH-00531

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 05/28/97
American Steinwinter Investment Group vs. American Steinwinter, Inc.

01A01-9607-CH-00350

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 05/28/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
Blevins vs. State

03C01-9611-CR-00396

Originating Judge:Arden L. Hill
Washington County Court of Criminal Appeals 05/28/97
Grace vs. Grace, Jr.,

01A01-9611-CV-00534

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 05/28/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
State vs. Lee

03C01-9607-CR-00277

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 05/28/97
International Collection Services vs. Bailey

01A01-9702-CH-00072

Originating Judge:Claudia C. Bonnyman
Davidson County Court of Appeals 05/28/97
Burke vs. The TN. Walking Horse Breeders

01A01-9611-CH-00511

Originating Judge:Lee Russell
Marshall County Court of Appeals 05/28/97
02A01-9608-CH-00196

02A01-9608-CH-00196

Originating Judge:C. Neal Small
Shelby County Court of Appeals 05/27/97
The Mirage Casino-Hotel vs. Pearsall

02A01-9608-CV-00198

Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 05/27/97
Harris vs. Dominon Bank of Middle TN., et. al.

01A01-9609-CH-00444

Originating Judge:John H. Gasaway, III
Montgomery County Court of Appeals 05/23/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 05/23/97
Washington vs. Department of Corrections

01A01-9506-CH-00276

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 05/23/97
Ricky Mcfarland v. Champion Home Builders

02S01-9702-CV-00011
Authoring Judge: Don R. Ash, Special Judge
Henry County Workers Compensation Panel 05/23/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 05/23/97
02S01-9611-Ch-00101

02S01-9611-Ch-00101

Originating Judge:Robert A. Lanier
Supreme Court 05/23/97