TBALink Opinion-Flash

May 14, 1997 -- Volume #3 -- Number #053

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
05-New Opinions From TSC-Workers Comp Panel
00-New Opinions From TCA
00-New Opinions From TCCA

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George Dean
TBALink Chief Editor



CARRIER AIR CONDITIONING CO. 
and CIGNA PROPERTY AND  
CASUALTY COMPANIES
vs.
HENRY MAGUFFIN

Court:TSC - Workers Comp Panel

Attorneys:  

For Appellant:                      For Appellees:

Michael A. Friedland                Michael Lee Parsons
Nashville, Tennessee                Gracey, Ruth, Howard, Tate &                               
                                        Sowell
                                    Nashville, Tennessee                        

Judge: Loser

First Paragraph:

In this appeal, the employee or claimant, Maguffin, contends the
evidence preponderates against the trial court's finding that he did
not suffer an injury by accident.  The panel has concluded the
judgment should be affirmed. AFFIRMED.

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

CLARENCE WAYNE DUNN
vs.
SEQUATCHIE CONCRETE SERVICE, 
INC. and LIBERTY MUTUAL INSURANCE CO.
    and                              
RDF TRANSPORTATION, INC. and  
LUMBERMEN'S MUTUAL INSURANCE

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellants:                     For Appellee, Clarence Wayne Dunn:

D. Randall Mantooth                 C. Kelly Wilson
Leitner, Moffitt, Williams,         Shelbyville, Tennessee
Dooley& Napolitan
Nashville, Tennessee                Thomas F. Bloom
                                    Nashville, Tennessee

                                    For Appellees, RDF Transportation
                                    Inc. and Lumbermen's Mutual Ins.

                                    Jerry R. Humphreys
                                    Davies, Cantrell, Humphreys 
                                    & McCoy                         

Judge: Loser

First Paragraph:

The appellant is seeking review of the findings of the trial court
with respect to the following issues: (1)  Whether the employee's
claim against it is barred by Tenn Code Ann. section 50-6-203, a
one-year statute of limitations; (2)  Whether the claim should be
disallowed for the employee's failure to give timely written notice of
his claim, as required by Tenn. Code Ann. section 50-6-201; (3) 
Whether the appellee was an employee of the RDF at the time of the
injury; (4)  Whether the award of permanent partial disability
benefits is excessive; and (5)  Whether the trial judge abused his
discretion by commuting permanent partial disability benefits to a
single lump sum. The employee contends the appeal is frivolous.  As
discussed below, the panel has concluded the judgment should be
affirmed. AFFIRMED.

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

PATRICIA LEE DUNN
vs.     
H. D. LEE COMPANY
Court:TSC - Workers Comp Panel

First Paragraph:

Whereupon, it appears to the Court that the motion for review filed by
plaintiff is well taken and should be granted in light of our recent
decision in Lawson v. Lear Seating Corp., ___ S.W.2d ___ (Tenn. 1997).
In accordance with the principles announced in Lawson, we conclude
that plaintiff's claim for benefits was timely filed.  Accordingly,
the judgment of the trial court finding that plaintiff's claim was
timely is affirmed.  Costs will be paid by defendant-appellant.

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

DIANNE B. FOWLER
vs.
LIBERTY MUTUAL INSURANCE
COMPANY and DELORES' MARKET

Court:TSC - Workers Comp Panel

Attorneys:

FOR THE APPELLANTS:                 FOR THE APPELLEE:

ROBERT R. DAVIES                    FRANK D. FARRAR       
DAVIES, CANTRELL, HUMPHREYS         WILLIAM JOSEPH BUTLER 
& McCOY                             FARRAR & HOLLIMAN 
P.O. Box 190609                     P.O. Box 280                      
Nashville, TN 37219-0609            Lafayette, TN 37083                   
                                                                   

Judge: RUSSELL

First Paragraph:

The dispositive issue in this case is whether or not the trial judge's
award of compensation for permanent partial disability based upon a
vocational disability of 50% to the body as a whole is adequately
supported by the evidence.  We hold that the evidence preponderates
against an award in that amount and modify the judgment to reduce the
permanent partial disability judgment to an amount based upon a
vocational disability of 20% to the body as a whole.  This
modification renders moot the appellants' other issues. MODIFIED AND
REMANDED.

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

RANDY F. SHADDEN
vs.
ITT HARTFORD INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                      For Appellee, Randy F. Shadden:

Blakely D. Matthews                 Michael A. Walker
Leigh A. Buckley                    Jamestown, Tennessee
Cornelius & Collins
Nashville, Tennessee                For Appellee, Second Injury Fund:

                                    Charles E. Burson
                                    Attorney General and Reporter

                                    Sandra E. Keith
                                    Assistant Attorney General          
                                    Nashville, Tennessee  
                                                           
Judge: Loser

First Paragraph:

In this appeal, the employer's insurer, Hartford, argues (1) the
evidence preponderates against the trial court's finding that the
employee or claimant, Shadden, suffered a work related injury, (2) the
evidence preponderates against the trial court's award of permanent
total disability benefits and (3) the trial court erred in awarding
medical expenses not disclosed in response to discovery requests and
not "properly proven at trial."  The Second Injury Fund (the Fund),
which was made a party by an amended complaint, contends the evidence
preponderates against the trial judge's finding that the claimant is
permanently and totally disabled.  As discussed below, the panel has
concluded the judgment should be affirmed. AFFIRMED.

URL:http://www.tba.org/tba_files/TSC_WCP/SHADDENR_OPN.WP6

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