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Seffernick vs. St. Thomas Hospital 01A01-9606-CV-00282 Originating Judge:Thomas W. Brothers	Davidson County	Court of Appeals	12/18/96
01A01-9607-CV-00304 01A01-9607-CV-00304 Originating Judge:James E. Walton	Montgomery County	Court of Appeals	12/18/96
Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24, 01A01-9603-CH-00140		Court of Appeals	12/18/96
01A01-9606-CH-00256 01A01-9606-CH-00256 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	12/18/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Washington County	Court of Appeals	12/18/96
01A01-9510-CH-00430 01A01-9510-CH-00430 Originating Judge:Robert S. Brandt		Court of Appeals	12/18/96
01A01-9603-CH-00140 01A01-9603-CH-00140 Originating Judge:Donald P. Harris	Hickman County	Court of Appeals	12/18/96
01A01-9606-CH-00256 01A01-9606-CH-00256 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	12/18/96
01A01-9604-PB-00163 01A01-9604-PB-00163 Originating Judge:Joe P. Binkley, Sr.	Davidson County	Court of Appeals	12/18/96
Seffernick vs. St. Thomas Hospital 01A01-9606-CV-00282 Originating Judge:Thomas W. Brothers	Davidson County	Court of Appeals	12/18/96
01A01-9609-CH-00426 01A01-9609-CH-00426 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	12/18/96
01A01-9605-CV-00230 01A01-9605-CV-00230 Originating Judge:Walter C. Kurtz	Davidson County	Court of Appeals	12/18/96
Fireman's Fund Insurance v. Taylor Barton Mills 03S01-9601-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. In this appeal, the employee contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. On February 15, 1995, the employee or claimant, Mills, was working at his job as a machinist using a large lathe to bore a specifically sized hole into a fifty inch bull gear. After stopping the lathe to take a measurement, he accidentally - perhaps negligently - brushed against the lathe's starter button. The lathe started and the claimant's clothing was caught in the turning lathe. As a result, he was injured. Tests done at the University of Tennessee Medical Center shortly after the accident revealed a high level of cannaboid concentration from probable chronic use of marijuana. The claimant admits to being a chronic user of marijuana and had admittedly smoked two or three "joints" on the evening before the accident. Additionally, two witnesses testified that they thoughtthey saw him from some one hundred feet away, sharing a joint with another employee on the morning of the accident, before beginning work. The claimant and other employee denied it. The employer knew Mills was a heavy marijuana user and had fired him for thirty days on a previous occasion for "suspected" use of the substance, but re-hired him 3 days later at a higher rate of pay. An expert, without examining the claimant, opined from lab test results that marijuana intoxication was a possible contributing cause of his 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Dennis H. Inman,	Knox County	Workers Compensation Panel	12/18/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Loudon County	Court of Appeals	12/17/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Marion County	Court of Appeals	12/17/96
John Timothy Enochs, v. Dr. George Nerren, Superintendent of Dyersburg Schools, and The Dyersburg Board of Education O2A01-9505-CH-00113 This case involves the dismissal of a tenured teacher. Appellant John Timothy Enochs (“Enochs”) challenges his discharge by Appellee Dyersburg Board of Education (“Board”) from his position as a tenured teacher in the Dyersburg City School System. After a hearing, Enochs’ dismissal was affirmed by the trial court. In this appeal, Enochs claims that the trial court’s hearing and review of the Board’s dismissal violated the Teacher Tenure Act and his right to due process. We affirm the decision of the trial court. Authoring Judge: Judge Holly Kirby Lillard Originating Judge:Chancellor J. Steven Stafford	Dyer County	Court of Appeals	12/17/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Loudon County	Court of Appeals	12/17/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Anderson County	Court of Appeals	12/17/96
03C01-9506-CC-00176 03C01-9506-CC-00176 Originating Judge:D. Kelly Thomas, Jr.	Blount County	Court of Criminal Appeals	12/17/96
State vs. Ervin 03C01-9707-CC-00311	Blount County	Court of Criminal Appeals	12/17/96
Patricia D. Woodward v. American General Life & Accident Insurance Company 03S01-9512-CV-00138 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 employee or claimant, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Thomas J. Seeley, Jr.,	Washington County	Workers Compensation Panel	12/17/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	12/17/96
03C01-9512-CR-00384 03C01-9512-CR-00384 Originating Judge:Stephen M. Bevil	Hamilton County	Court of Criminal Appeals	12/16/96
Jerrell McVay and Cynthia Marie McVay, State of Tennessee Intervenor, v. Sharon Blen, Custodial Parent of Lauren Nicole McVay, a minor 02A01-9508-JV-00183 This case arises under the Grandparents’ Visitation Act. The Petitioners/Appellees, Jerrell McVay and Cynthia Marie McVay (“Grandparents”), filed a petition with the juvenile court for court-ordered visitation with their paternal grandchild, Lauren Nicole McVay. The Juvenile Court awarded visitation to the Grandparents, pursuant to the Grandparents’ Visitation Act. The child’s mother, Respondent/Appellant Sharon Blen (“Mother”), appeals the trial court’s decision. We reverse. Authoring Judge: Judge Holly Kirby Lillard Originating Judge:Judge Kenneth A. Turner	Shelby County	Court of Appeals	12/16/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Hamilton County	Court of Appeals	12/16/96