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| 01C01-9508-CC-00253
01C01-9508-CC-00253
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 06/20/96 | |
| Glenn H. Hall v. Bridgestone/Firestone, Inc. and Insurance Company of The State of Pennsylvania
01S01-9510-CH-00175
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 court awarded the employee, Glenn Hall, workers' compensation benefits for the total loss of hearing in his left ear. On appeal the employer asserts that the employee failed to notify the employer of the injury as required by the workers' compensation statute. We affirm the trial court's finding that the proper notice was given. I. Mr. Hall testified that on June 22, 1993 his left ear began hurting after an explosion occurred in the department where he worked. Explosions are not uncommon in that department, and Mr. Hall customarily wore ear plugs to protect his ears from the noise. At the time of the accident, however, Mr. Hall had removed the ear plugs because he was shutting down the process to investigate a problem. Mr. Hall told a co-worker that his ear was hurting and went to see his supervisor. He told the supervisor that his ear hurt, and the supervisor referred Mr. Hall to the company nurse. The company nurse was not called to testify but the forms generated by Mr. Hall's visit to the nurse were introduced as business records. The records show that Mr. Hall had an inner ear infection, was out of the antibiotic he had been taking, and was referred to the company doctor. The records do not reflect that Mr. Hall claimed his ear problems were work-related. Neither do the doctor's notes from that same day reflect that Mr. Hall was claiming a work-related injury. Mr. Hall, however, - 2 -
Authoring Judge: Ben H. Cantrell, Special Judge
Originating Judge:Hon. Robert E. Corlew, III, |
Rutherford County | Workers Compensation Panel | 06/20/96 | |
| 01C01-9507-CC-00239
01C01-9507-CC-00239
|
Williamson County | Court of Criminal Appeals | 06/20/96 | |
| Clarence W. Lee v. K-Mart Corporation
03S01-9512-CH-00130
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 plaintiff claims to have suffered an injury by accident cognizable under the workers' compensation law when, on August 7, 1992, after 3 years of continuous employment, he was summarily relieved of his duties as manager of the K-Mart store in Hixson, Tennessee, demoted, and transferred to another store in Paris, Illinois. He alleged that he thereby sustained a sudden emotional injury resulting in total disability and unsoundness of mind. The defendant admitted that it removed the plaintiff from its Hixson store and transferred him to a smaller store at a reduced salary. It denied that the plaintiff gave notice of a work-related injury, and averred that he filed an age- discrimination claim against it without alerting the court or the defendant that he was of unsound mind. In course, the case was heard on the motion of the defendant for summary judgment, alleging the bar of the Statute of Limitations, TENN. CODE ANN. _ 5- 6-21, and the further allegation that the claim of emotional stress was not a compensable injury. The underlying facts are not disputed. Mr. Lee's difficulties began with his departure from company policy in disposing of defective or damaged merchandise which was to be destroyed in accordance with the manufacturer's instructions. Instead, he secreted these goods in a locked trailer, later donating them to charitable, fund raising causes. A portion of the funds realized from the sale of the damaged or defective merchandise went into a "flower fund" controlled by Mr. Lee which he used to provide gifts and trips to certain employees. Upon the belated discovery of this scheme, Mr. Lee was interviewed extensively and warned that he should expect stringent disciplinary action. He was then 5 years of age, had been manager of the Hixson store for 12 years, and had relocated 17 times. Mr. Lee was on vacation when the investigation began of his disposal of 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Howell N. Peoples |
Hamilton County | Workers Compensation Panel | 06/20/96 | |
| Melvin Burkett vs. State
01C01-9605-CC-00202
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Criminal Appeals | 06/20/96 | |
| The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267
02C01-9612-CC-00463
|
Lake County | Court of Criminal Appeals | 06/20/96 | |
| Glenn H. Hall v. Bridgestone/Firestone, Inc. and Insurance Company of The State of Pennsylvania
01S01-9510-CH-00175
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 court awarded the employee, Glenn Hall, workers' compensation benefits for the total loss of hearing in his left ear. On appeal the employer asserts that the employee failed to notify the employer of the injury as required by the workers' compensation statute. We affirm the trial court's finding that the proper notice was given. I. Mr. Hall testified that on June 22, 1993 his left ear began hurting after an explosion occurred in the department where he worked. Explosions are not uncommon in that department, and Mr. Hall customarily wore ear plugs to protect his ears from the noise. At the time of the accident, however, Mr. Hall had removed the ear plugs because he was shutting down the process to investigate a problem. Mr. Hall told a co-worker that his ear was hurting and went to see his supervisor. He told the supervisor that his ear hurt, and the supervisor referred Mr. Hall to the company nurse. The company nurse was not called to testify but the forms generated by Mr. Hall's visit to the nurse were introduced as business records. The records show that Mr. Hall had an inner ear infection, was out of the antibiotic he had been taking, and was referred to the company doctor. The records do not reflect that Mr. Hall claimed his ear problems were work-related. Neither do the doctor's notes from that same day reflect that Mr. Hall was claiming a work-related injury. Mr. Hall, however, - 2 -
Authoring Judge: Ben H. Cantrell, Special Judge
Originating Judge:Hon. Robert E. Corlew, III, |
Rutherford County | Workers Compensation Panel | 06/20/96 | |
| 01C01-9507-CC-00232
01C01-9507-CC-00232
|
Williamson County | Court of Criminal Appeals | 06/20/96 | |
| Donna F. Peace v. Southern Home Carpet, Inc.
03S01-9512-CH-00134
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 issue on appeal is whether the Chancellor correctly denied the motion of the appellant that her award of benefits should be paid in lump sum. The husband of appellant suffered a fatal heart attack on February 1, 1995. For his death, she sought workers' compensation benefits as the sole surviving beneficiary, and the settlement of her claim, $382.79 weekly for 4 weeks, was approved by the Chancellor who declined to approve a lump sum payment. Accrued benefits were $8,2., timely paid. The plaintiff is 45 years old, a high school graduate, and is currently employed as a dental assistant, earning net pay of $1,3. monthly. She has no children and is the sole support of her disabled mother for whose care she pays $866.67 monthly. Her disposable income from all sources (inclusive of her mothers' SSI of $4.) is $3,358.76. The balance owing on her home mortgage is $45,., which she proposed to discharge; her monthly living expenses, including a mortgage payment and the expenses of her mother's care, are about $2,9.. The Chancellor observed that this is not a case where periodic payments are not needed as a substitute for wages. See Ponder v. Manchester Housing Auth., 87 S.W.2d 282 (Tenn. 1994). TENN. CODE ANN. _ 5-6-279 authorizes lump sum payments of awards, with instructions to the trial court to consider the best interest of the employee together with his ability to wisely manage and control the award. The Chancellor expressly found that a lump sum would not be in the best interest of the plaintiff, whose ability to manage a large sum was questionable since she could not account for 25% of the accrued payments and has failed to file income tax returns for the last five (5) years. We fully concur in the Chancellor's judgment and find no abuse of discretion. Henson v. City of Lawrenceburg, 851 S.W.2d 89, 813-14 (Tenn. 1993). The judgment is affirmed at the costs of the appellant.
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. H. David Cate |
Knox County | Workers Compensation Panel | 06/20/96 | |
| 01A01-9504-CH-00134
01A01-9504-CH-00134
Originating Judge:Vernon Neal |
Clay County | Court of Appeals | 06/19/96 | |
| 01A01-9511-CH-00515
01A01-9511-CH-00515
Originating Judge:Vernon Neal |
Pickett County | Court of Appeals | 06/19/96 | |
| 01A01-9603-CH-00131
01A01-9603-CH-00131
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/19/96 | |
| Christopher v. Sockwell,
01A01-9511-CH-00505
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 06/19/96 | |
| 01A01-9602-CH-00063
01A01-9602-CH-00063
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/19/96 | |
| 01A01-9603-CH-00102
01A01-9603-CH-00102
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/19/96 | |
| 02A01-9505-CV-00103
02A01-9505-CV-00103
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 06/17/96 | |
| State vs. Roy Smith
02C01-9712-CR-00468
|
Shelby County | Court of Criminal Appeals | 06/17/96 | |
| 02S01-9410-CC-00069
02S01-9410-CC-00069
|
Supreme Court | 06/17/96 | ||
| 02C01-9410-CC-00248
02C01-9410-CC-00248
|
McNairy County | Court of Criminal Appeals | 06/17/96 | |
| 02S01-9410-CC-00069
02S01-9410-CC-00069
|
Supreme Court | 06/17/96 | ||
| 01A01-9511-CH-00514
01A01-9511-CH-00514
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 06/14/96 | |
| 01A01-9509-CH-00397
01A01-9509-CH-00397
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/14/96 | |
| 01A01-9509-CH-00421
01A01-9509-CH-00421
Originating Judge:John J. Maddux |
Clay County | Court of Appeals | 06/14/96 | |
| 03C01-9505-CR-00141
03C01-9505-CR-00141
|
Hamilton County | Court of Criminal Appeals | 06/14/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Sevier County | Court of Appeals | 06/13/96 |