TBALink Opinion-Flash

March 25, 1997 -- Volume #3 -- Number #033

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
00-New Opinions From TSC
00-New Opinions From TSC-Rules
07-New Opinions From TSC-Workers Comp Panel
02-New Opinions From TCA
00-New Opinions From TCCA

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  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


WILLIE BANKS
vs.
MERIDIAN INSURANCE

Court:TSC - Workers Comp Panel

Attorneys:     

For the Appellant:                  For the Appellee:

Andrea Huddleston                   W. Charles Doerflinger
Freemon, Hillhouse & Huddleston     P. O. Box 692
327 W. Gaines                       8 Public Square
P. O. Box 787                       Lawrenceburg, TN 38464
Lawrenceburg, TN 38464                     

Judge: BYERS

First Paragraph:

The plaintiff reported that he had injured his back on May 4, 1993. 
The trial judge found the plaintiff had failed to show by a
preponderance of the evidence that he had sustained a permanent
impairment and dismissed the complaint. We affirm the judgment of the
trial court. AFFIRMED and REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/BANKSW_OPN.WP6
Opinion-Flash

ANTHONY BATES
vs.
COOPER INDUSTRIES, INC., MOOG AUTOMOTIVE, INC. and 
SENTRY INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

For Appellants:                     For Appellee:

David J. Deming                     Frank Buck
James H. Tucker, Jr.                Smithville, Tennessee
Manier, Herod, Hollabaugh & Smith
Nashville, Tennessee

Judge: Loser

First Paragraph:

The employee or claimant, Bates, is thirty-six years old and a high
school graduate.  He has done nursery, construction, farming, factory
and supervisory work.  On September, 4, 1992, while lifting a thirty
to forty pound box of coil springs to fill a customer's order, he
strained his upper back.  After a brief period of recuperation, during
which he was treated conservatively by a neurological surgeon, he
returned to work with weight lifting restrictions. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/BATESAN_OPN.WP6
Opinion-Flash

GUY BREWER
vs.
CITY OF WAYNESBORO and TML RISK 
MANAGEMENT POOL CLAIMS

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:                  For the Appellees:

James Y. Ross                       James A. Hopper
P.O. Box 246                        404 West Main Street
106 Public Square North             P.O. Box 220
Waynesboro, TN 38485                Savannah, TN  38372                         

Judge: BYERS

First Paragraph:

The employee appeals from the trial court's dismissal of his complaint
for workers' compensation benefits for lack of notice. We affirm the
judgment of the trial court. AFFIRMED and REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/BREWERG_OPN.WP6
Opinion-Flash

EQUITY GROUP, TENNESSEE DIVISION
vs.
SHERRI LESLIE

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:                  For the Appellee:

Kent E. Krause                      J. Timothy Street
Mary Sullivan Moore                 E. Covington Johnston, Jr.
Suite 2600, The Tower               136 Fourth Avenue, South
611 Commerce Street                 Franklin, TN 37064      
Nashville, TN 37203                         

Judge: INMAN

First Paragraph:

The issue is whether the trial court erred in awarding the plaintiff
benefits for a disability to her right leg. AFFIRMED and REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/EQTYGRP_OPN.WP6
Opinion-Flash

THOMAS HICKMAN
vs.
LIBERTY MUTUAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

For the Appellant:              For the Appellee:

Raymond W. Fraley, Jr.          Paul A. Bates
205 E. Market Street            Christopher V. Sockwell
P. O. Box 572                   P. O. Box 357
Fayetteville, TN 37334          Lawrenceburg, TN 38464                          

Judge: BYERS

First Paragraph:

Plaintiff injured his back on April 29, 1994 while repairing a
forklift truck for the employer, Richland, Incorporated.  The trial
judge awarded him 12-1/2 percent permanent partial disability.  He
appeals, asserting that the amount of disability should not have been
based on the medical report of the first treating physician and that
the two and one-half multiplier cap in Tenn. Code Ann. S 50-6-241
should not have been applied under the facts of this case. We affirm
the judgment of the trial court. AFFIRMED and REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/HICKMANT_OPN.WP6
Opinion-Flash

JAMES K. RINGROSE
vs. 
SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:     

For the Appellant:                  For the Appellee:

J. Anthony Arena                    Thomas H. Peebles, IV
Schulman, LeRoy & Bennett, P.C.     Brian A. Lapps, Jr.
501 Union Building, 7th Floor       Waller Lansden Dortch & Davis
P. O. Box 190676                    809 South Main Street, Suite 300
Nashville, TN 37219-0676            P. O. Box 1035
                                    Columbia, TN 38402-1035                     

Judge: BYERS

First Paragraph:

Plaintiff sustained deQuervain's disease, an inflammatory condition
which first manifested itself in November, 1992, while doing
repetitive factory work for defendant.  The trial court awarded 10
percent permanent partial disability to the right upper extremity for
his right wrist injury.  The plaintiff also developed an impingement
injury to his right shoulder in August 1993. The trial court awarded
10 percent permanent partial disability to the body as a whole for
this injury. We affirm the judgment of the trial court. AFFIRMED AND
REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/RINGROSJ_OPN.WP6
Opinion-Flash

UNITED STATES FIDELITY & GUARANTY and 
PARACLESIUS HEALTHCARE, INC. 
vs.
HOLLY SCOTT

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:                 For the Appellee:

Robert R. Davies                    Mary A. Parker
One Center Square, Suite 200        Suite 511, Cummins Station
620 Market Street                   209 Tenth Avenue, South
P.O. Box 2644                       Nashville, TN  37203
Knoxville, TN  37901                         

Judge: INMAN

First Paragraph:

This action was filed by the employer and its insurer as one for
declaratory judgment that "this case needs to be heard by the Court to
determine the respective rights of the parties pursuant to the
Tennessee Workers' Compensation Act," since the employee was claiming
a back injury sustained while assisting a patient during the course of
her employment by Clay County Hospital. AFFIRMED and REMANDED.

URL:http://www.tba.org/tba_files/TSC_WCP/USF?_OPN.WP6
Opinion-Flash

ROSEMARIE ERIKA CASTEEL
vs.
WHEELER RAY CASTEEL

Court:TCA

Attorneys:

Harold F. Johnson, Jackson, Tennessee
Carol Johnson Magee, Memphis, Tennessee
For Defendant/Appellant

James F. Butler, SPRAGINS, BARNETT, 
COBB & BUTLER, Jackson, Tennessee
For Plaintiff/Appellee                          

Judge: FARMER

First Paragraph:

Defendant Wheeler Ray Casteel (the Husband) appeals the final decree
of divorce entered by the trial court which dissolved the parties'
marriage, distributed their real and personal property, and ordered
the Husband to pay the expenses, including attorney's fees, incurred
in these proceedings by Plaintiff/Appellee Rosemarie Erika Casteel
(the Wife).  

URL:http://www.tba.org/tba_files/TCA/CASTEEL_OPN.WP6
Opinion-Flash

RONALD D. McKINNA
vs.
LASCO, INC.

Court:TCA

Attorneys:  

ALEX SAHAROVICH                     RICHARD D. BENNETT
MARY SPEIDEL                        GEORGE H. RIEGER, JR.
5100 Poplar Ave., Ste. 2500         Weintraub, Robinson, Weintraub, 
Memphis, TN  38137                  Stock, Bennett, Ettingoff 
Attorneys for Appellant                 & Grisham, P.C.
                                    Ste. 2560, One Commerce Square
                                    Memphis, TN  38103
                                    Attorneys for Appellee                     

Judge: INMAN

First Paragraph:

This action for damages for age discrimination in violation of T.C.A.
S 4-21 401(a)(1) and (2) was dismissed on motion for summary judgment,
the propriety of which is presented for our review.  Appellate review
is de novo with no presumption of correctness.  Presley v. Bennett,
860 S.W.2d 857 (Tenn. 1993). REVERSED.

URL:http://www.tba.org/tba_files/TCA/MCKINNA_OPN.WP6

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