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| James W. Smith v. Wilson County Concrete Co., et al.
01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 02/21/97 | |
| Waste Management vs. South Central Bell
01A01-9504-CV-00182
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/21/97 | |
| Darin Potts v. Beaman Bottling Co., et al.
01S01-9605-CH-00108
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 02/21/97 | |
| Douglas W. Taylor v. Bgl Mining Co., Inc., et al.
01S01-9604-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 of findings of fact and conclusions of law. The fundamental issue in this case is whether an injury on the way from work occurring on a road neither owned nor maintained by the employer, but which is the only available route from the work place, was an injury "arising out of and in the course of employment." Tenn. Code Ann. _ 5-6-12(a)(4). We conclude that it is not and affirm the trial court's summary judgment for the employer. Tennessee Consolidated Coal Company (TCC) uses independent contractors to mine coal on its 35, Cumberland Plateau acres by leasing individual mines to individual operators. The plaintiff's employer, BGL Mining Company, leased mine 34, and mined TCC's coal for which TCC paid BGL a per- ton fee. TCC hauled the coal away from mine 34 and other mines on a haul road TCC built and maintained along the Marion-Sequatchie county line. The haul road was the only way to get to and from mine 34. The private road leads from a county road a short distance from the county road's intersection with Tennessee Highway 18. TCC's haul roads are strictly private roads, and TCC limits access to them. Victoria Arlene Anderson did not have permission to use TCC's haul road on the afternoon of March 11, 1992, but she drove her Dodge pick-up on it anyway and collided head-on with the plaintiff's car as he was driving from his work at mine 34. The severely injured plaintiff was air-lifted to Chattanooga's Erlanger Medical Center. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Jeffrey F. Stewart, |
Marion County | Workers Compensation Panel | 02/21/97 | |
| Lovell & Malone vs. Commonwealth Life Ins.
01A01-9607-CH-00299
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/21/97 | |
| Ronnie Settles v. Sharps Mill Forest Products Inc. and Old Republic Insurance Company
02S01-9607-CV-00069
This worker's compensation appeal has been referred to the special worker's 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 trial court awarded the plaintiff a permanent partial disability of ten (1%) percent to the body as a whole and found his proper compensation rate to be $366.68. Defendants have appealed, alleging that plaintiff did not prove that his facial disfigurement materially affected his employability, and that the trial court erred in setting the compensation rate at $366.68.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. C. Creed Mcginley |
Hardin County | Workers Compensation Panel | 02/21/97 | |
| Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge George H. Brown, Jr. |
Shelby County | Court of Appeals | 02/21/97 | |
| Darin Potts v. Beaman Bottling Co., et al.
01S01-9605-CH-00108
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 02/21/97 | |
| Angela Thurman v. Cna Ins. Co., et al.
01S01-9605-CH-00089
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Wilson County | Workers Compensation Panel | 02/21/97 | |
| 01C01-9602-CC-00079
01C01-9602-CC-00079
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9603-CC-00093
01C01-9603-CC-00093
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9601-CR-00032
01C01-9601-CR-00032
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9510-CC-00323
01C01-9510-CC-00323
|
Coffee County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9512-CC-00422
01C01-9512-CC-00422
Originating Judge:L. Terry Lafferty |
Maury County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9601-CR-00027
01C01-9601-CR-00027
|
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| Joseph Chidester and wife, Kathleen Chidester v. L. D. Elliston, O.D.
02A01-9602-CV-00029
In this medical malpractice action, the Plaintiffs, Joseph and Kathleen Chidester, 2 filed suit against the Defendant, Dr. L. D. Elliston, for failing to diagnose the Plaintiff’s malignant tumor. The trial court granted the Defendant’s motion for summary judgment holding that the Plaintiffs’ cause of action is barred by the one year statute of limitations. The Plaintiffs’ have appealed the trial court’s order arguing that the statute of limitations does not bar this action because the Plaintiffs’ cause of action did not accrue until the Plaintiff’s malignancy recurred. For the reasons stated hereafter, we reverse the judgment of the court below and remand.
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Appeals | 02/20/97 | |
| 03C01-9512-CV-00394
03C01-9512-CV-00394
|
Hamblen County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9603-CR-00113
01C01-9603-CR-00113
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| State vs. Curtis Newbern
02C01-9702-CR-00071
|
Shelby County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9604-CR-00147
01C01-9604-CR-00147
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9508-CC-00244
01C01-9508-CC-00244
Originating Judge:L. Terry Lafferty |
Putnam County | Court of Criminal Appeals | 02/20/97 | |
| 01C01-9604-CR-00129
01C01-9604-CR-00129
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Cheatham County | Court of Criminal Appeals | 02/20/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/19/97 | ||
| 03C01-9602-CC-00070
03C01-9602-CC-00070
|
Sevier County | Court of Criminal Appeals | 02/18/97 |