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| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Roane County | Court of Appeals | 05/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Knox County | Court of Appeals | 05/22/96 | |
| 02A01-9409-JV-00223
02A01-9409-JV-00223
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 05/22/96 | |
| 01A01-9601-PB-00034
01A01-9601-PB-00034
Originating Judge:James R. Everett |
Davidson County | Court of Appeals | 05/22/96 | |
| 01A01-9601-CV-00019
01A01-9601-CV-00019
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 05/22/96 | |
| 01C01-9605-CC-00177
01C01-9605-CC-00177
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Montgomery County | Court of Criminal Appeals | 05/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 05/22/96 | |
| 02A01-9502-CH-00030
02A01-9502-CH-00030
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 05/21/96 | |
| 02A01-9502-CV-00024
02A01-9502-CV-00024
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/21/96 | |
| 02A01-9511-CH-00255
02A01-9511-CH-00255
Originating Judge:C. Neal Small |
Court of Appeals | 05/21/96 | ||
| 03A01-9509-CH-00303
03A01-9509-CH-00303
|
Court of Appeals | 05/21/96 | ||
| 03A01-9510-CH-00347
03A01-9510-CH-00347
|
Court of Appeals | 05/21/96 | ||
| 02A01-9502-CV-00018
02A01-9502-CV-00018
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Court of Appeals | 05/21/96 | ||
| 03C01-9508-CR-00220
03C01-9508-CR-00220
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Blount County | Court of Criminal Appeals | 05/21/96 | |
| 03C01-9204-CR-00125
03C01-9204-CR-00125
Originating Judge:Joseph F. Dirisio |
Hamilton County | Court of Criminal Appeals | 05/21/96 | |
| 02A01-9509-CV-00207
02A01-9509-CV-00207
Originating Judge:Wyeth Chandler |
Shelby County | Court of Appeals | 05/21/96 | |
| 02S01-9508-CV-00069
02S01-9508-CV-00069
Originating Judge:James M. Tharpe |
Supreme Court | 05/20/96 | ||
| 03C01-9502-CR-00049
03C01-9502-CR-00049
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Sevier County | Court of Criminal Appeals | 05/20/96 | |
| 02S01-9601-CV-00134
02S01-9601-CV-00134
Originating Judge:George H. Brown |
Supreme Court | 05/20/96 | ||
| 01S01-9507-CC-00104
01S01-9507-CC-00104
Originating Judge:James E. Walton |
Supreme Court | 05/20/96 | ||
| 03C01-9506-CR-00162
03C01-9506-CR-00162
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Greene County | Court of Criminal Appeals | 05/20/96 | |
| 01A01-9510-JV-00479
01A01-9510-JV-00479
Originating Judge:Andrew J. Shookhoff |
Davidson County | Court of Appeals | 05/17/96 | |
| 02C01-9309-CC-00201
02C01-9309-CC-00201
Originating Judge:Jon Kerry Blackwood |
Court of Criminal Appeals | 05/17/96 | ||
| 02C01-9409-CC-00193
02C01-9409-CC-00193
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Madison County | Court of Criminal Appeals | 05/17/96 | |
| Gary Reatherford v. Lincoln Brass Works, Inc.
01S01-9504-CV-00058
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 was doing construction work at the Lincoln Brass Works facility, moving the employee break room from one side of the building to another, when a nail flew into his right eye, requiring several surgical procedures and resulting in total permanent loss of vision in the eye. The trial judge found that he was a statutory employee of Lincoln Brass Works and held the company liable for 1 percent permanent disability to plaintiff's right eye. We affirm the judgment of the trial court. The only issue before us is the status of the plaintiff for workers' compensation insurance purposes. The plaintiff contends, and the trial judge held, that he was a statutory employee and Lincoln Brass Works was a principal contractor (statutory employer) under TENN. CODE ANN. _ 5-6-113. Lincoln Brass Works contends plaintiff was either an independent contractor or a casual employee. Under TENN. CODE ANN. _ 5-6-113(a), "A principal, or intermediate contractor, or subcontractor shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the principal, intermediate contractor, or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer," (commonly referred to as a "statutory employer"). This court has consistently held that where a business enterprise undertakes to act as its own principal contractor and contracts directly with a subcontractor for various phases of construction on its own premises, the business enterprise is subject to liability imposed by the Workers' Compensation Act. Acklie v. Carrier, 785 S.W.2d 355 (Tenn. 199). Lincoln Brass asserts the construction workers were independent contractors rather than statutory employees under TENN. CODE ANN. _ 5-6-113(a). The factors to be considered in determining whether a relationship to the principal was that of employee or independent contractor include: (1) the right to control the conduct of 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. William B. Cain |
Wayne County | Workers Compensation Panel | 05/17/96 |