APPELLATE COURT OPINIONS

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02C01-9504-CR-00100

02C01-9504-CR-00100
Shelby County Court of Criminal Appeals 07/26/96
James v. Ball

02C01-9509-CR-00264
Shelby County Court of Criminal Appeals 07/26/96
02C01-9502-CC-00053

02C01-9502-CC-00053

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 07/26/96
02C01-9506-CC-00173

02C01-9506-CC-00173

Originating Judge:Julian P. Guinn
Benton County Court of Criminal Appeals 07/26/96
01A01-9603-CV-00094

01A01-9603-CV-00094

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 07/26/96
02C01-9507-CC-00182

02C01-9507-CC-00182

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 07/26/96
02C01-9509-CC-00269

02C01-9509-CC-00269

Originating Judge:William M. Barker
Obion County Court of Criminal Appeals 07/26/96
01C01-9508-CC-00265

01C01-9508-CC-00265

Originating Judge:Donald P. Harris
Williamson County Court of Criminal Appeals 07/26/96
02C01-9506-CR-00160

02C01-9506-CR-00160

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 07/26/96
01C01-9506-CR-00174

01C01-9506-CR-00174

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 07/26/96
02C01-9510-CR-00331

02C01-9510-CR-00331

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 07/26/96
01A01-9602-CH-00084

01A01-9602-CH-00084

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 07/26/96
01C01-9210-CR-00304

01C01-9210-CR-00304

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 07/26/96
Wil v. Doran, Designated Judge

02C01-9504-CR-00104

Originating Judge:Wil V. Doran
Shelby County Court of Criminal Appeals 07/26/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Shelby County Court of Criminal Appeals 07/26/96
02C01-9501-CC-00002

02C01-9501-CC-00002

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 07/26/96
02C01-9401-CR-00011

02C01-9401-CR-00011

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 07/26/96
03C01-9502-CR-00030

03C01-9502-CR-00030

Originating Judge:William M. Barker
Sullivan County Court of Criminal Appeals 07/25/96
03C01-9510-CC-00296

03C01-9510-CC-00296
Jefferson County Court of Criminal Appeals 07/25/96
Thomas E. Roddy v. Beaman Bottling Company

01S01-9511-CH-00194
This workers' compensation appeal has been referred to the Special 1 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. Defendant, Beaman Bottling Company of Nashville, had appealed from the action of the trial court in awarding plaintiff, Thomas E. Roddy, 33% permanent partial disability to the body as a whole. On November 12, 1992, plaintiff was injured during the course and scope of his employment with the defendant. After having surgery for a rotator cuff injury, he returned to work on about August 1, 1993, at a wage equal to or greater than that he was receiving prior to his injury. In the spring of 1994, defendant company was sold to Pepsico, the parent company for Pepsi-Cola. Plaintiff continued to work for new owner Pepsico until September 9, 1994, when his job classification was eliminated and he was terminated. There is some dispute concerning the medical impairment to the body as a whole. At issue is whether plaintiff sustained a 7% or 11 % impairment to the body as a whole. We conclude that the finding of 11% impairment to the whole body is the proper finding of medical impairment. The primary issue is whether the award of disability is limited to two and a half times the medical impairment rating provided in TENN. CODE ANN. _ 5-6- 241(a)(1) or whether the award may be fixed up to six times the medical impairment rating as provided in TENN. CODE ANN. _ 5-6-241(b). Under subsection (a)(1), an injured employee's recovery is limited to two and a half times the employee's medical impairment rating if the pre-injury employer returns the employee to work at a wage equal to or greater than that received prior to the injury. Subsection (a)(2) provides that the industrial disability award may be reconsidered by the court when the employee is no longer employed by the pre- injury employer, the loss of employment occurs within 4 weeks of the day the employee returned to work, and a new cause of action is filed within one year of the 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Don R. Ash,
Rutherford County Workers Compensation Panel 07/24/96
01A01-9512-CH-00560

01A01-9512-CH-00560

Originating Judge:Henry F. Todd
Lawrence County Court of Appeals 07/24/96
01C01-9607-CC-00293

01C01-9607-CC-00293
Giles County Court of Criminal Appeals 07/24/96
01A01-9509-CH-00404

01A01-9509-CH-00404

Originating Judge:C. K. Smith
Wilson County Court of Appeals 07/24/96
01A01-9511-CH-00499

01A01-9511-CH-00499

Originating Judge:Lee Russell
Marshall County Court of Appeals 07/24/96
01A01-9602-CV-00067

01A01-9602-CV-00067

Originating Judge:Barbara N. Haynes
Davidson County Court of Appeals 07/24/96