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TBALink Opinion-Flash
July 23, 1997 -- Volume #3 -- Number #067
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):
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 06-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 00-New Opinons From TCCA
- 01-New Opinons From TSC
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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
WESTLAND WEST COMMUNITY ASSOCIATION vs. KNOX COUNTY, et al. Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: George W. Morton, Jr. Courtney N. Pearre Knoxville Knoxville Michael W. Moyers Knox County Law Department Knoxville Judge: HOLDER First Paragraph: We granted this appeal to determine whether Tenn. Code Ann. S 13 7-105(a) mandates submission of a newly proposed zoning classification amendment to the regional planning commission following the commission's rejection of a similar but different proposed classification. The Court of Appeals held that the statute does not require futile resubmissions of revised proposals. We, however, find that the proposal in question was not merely a revised prior proposal but was a new and previously unsubmitted proposal. The statute clearly mandates submission of new proposals to the regional planning commission. We reverse the Appellate Court and hold that the new zoning proposal should have been submitted to the regional planning commission. COURT OF APPEALS REVERSED. URL:http://www.tba.org/tba_files/TSC/westland_opn.WP6
S. SCOTT ATWELL
vs.
COLONIAL FREIGHT SYSTEMS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Douglas R. Beier Richard L. Hollow
W. Douglas Collins John C. Duffy
P. O. Box 1754 P. O. Box 131
Morristown, TN 37816-1754 Knoxville, TN 37901
Judge: THAYER
First Paragraph:
Plaintiff, S. Scott Atwell, has appealed from the trial court's action
in modifying a portion of a judgment which provided for a structured
settlement of a workers' compensation claim. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/ATWELL_OPN.WP6
WADEY A. JOHNS
vs.
HOWMET CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Kelly A. Campbell Danny M. Hyhorchuk
Wimberly, Lawson, Norton & Luhn Morristown, Tennessee
Morristown, Tennessee
Judge: Loser
First Paragraph:
In this appeal, the employer contends (1) the claim is barred by the
applicable statute of limitations, (2) the trial court erred by
setting aside a previously approved settlement and (3) the trial court
erred in admitting certain evidence. The panel has concluded the
claim is time barred. REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TSC_WCP/JOHNVHOW_OPN.WP6
SAMMY McMAHAN
vs.
CITY OF NEWPORT and SECOND
INJURY FUND FOR THE STATE OF
TENNESSEE, DIRECTOR,
DINA TOBIN
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee-- For the Appellee--
City of Newport: Second Injury Fund:
Fred L. Allen Pamela L. Reeves Charles W. Burson
P.O. Box 1608 Watson, Hollow, Reeves Attorney General
Franklin, TN 37065 800 S. Gay St.
P.O. Box 131 Dianne Stamey Dycus
Knoxville, TN 37901 Cordell Hull Bldg.,
2nd Floor
426 Fifth Ave. N.
Nashville, TN 37243
Judge: BYERS
First Paragraph:
The trial judge found that the plaintiff had sustained a ten percent
permanent partial disability as a result of a work-related accident,
although he did not have any additional assigned medical impairment.
Plaintiff appeals, challenging the trial court's findings that
plaintiff was not assigned an additional medical impairment rating and
that plaintiff had a ten percent permanent partial disability. He
also argues that the trial court should have reconsidered plaintiff's
permanent partial disability award from his first injury. We affirm
the trial court's judgment. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/MCMAHAN_OPN.WP6
SANDRA KAY PEMBERTON
vs.
CAMPBELL COUNTY BOARD OF EDUCATION, SUE ANN HEAD, DIRECTOR OF THE
DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR,
SECOND INJURY FUND, STATE OF TENNESSEE and CHARLES BURSON, ATTORNEY
GENERAL
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellants: For the Appellee:
John Knox Walcup David H. Dunaway
Attorney General & Reporter David H. Dunaway & Associates
100 S. Fifth St.
Dianne Stamey Dycus P. O. Box 231
1510 Parkway Towers LaFollette, TN 37766
404 James Robertson Pkwy
Nashville, TN 37243-0499
Elizabeth A. Townsend
Gerald L. Gulley, Jr.
Baker, McReynolds, Byrne, Brackett
O'kane & Shea
P.O. Box 1708
Knoxville, TN 37901-1708
Judge: INMAN
First Paragraph:
The plaintiff was awarded lifetime benefits based on a finding of
total, permanent vocational disability, with the employer and Second
Injury Fund ordered de novo concurrent, pro rata payments for
permanent disability until the plaintiff reaches age 65. MODIFIED.
URL:http://www.tba.org/tba_files/TSC_WCP/PEMBRTNS_OPN.WP6
DOROTHY TUCKER
vs.
ERCL, INC., and LIBERTY MUTUAL
CASUALTY COMPANY, and
SUE ANN HEAD, DIRECTOR,
SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees:
Harry Wiersema, Jr. Elizabeth A. Townsend
616 W. Hill Avenue Gerald L. Gulley, Jr.
Knoxville, TN 37902 P. O. Box 1708
Knoxville, TN 37901-1708
Dianne Stamey Dycus
1510 Parkway Towers
404 James Robertson Pkwy.
Nashville, TN 37243-0499
Judge: THAYER
First Paragraph:
Plaintiff, Dorothy Tucker, has appealed from the action of the trial
court in dismissing her complaint and refusing to reconsider the issue
of whether disputed material issues of fact exist. REVERSED and
REMANDED.
URL:http://www.tba.org/tba_files/TSC_WCP/TUCKER_OPN.WP6
SHIRLEY WILLIAMS
vs.
SWEETWATER HOSPITAL
ASSOCIATION
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
John W. Cleveland Lynn C. Peterson
Cleveland & Cleveland Wimberly Lawson Norton & Luhn
120 W. Morris Street P. O. Box 2467
Sweetwater, Tennessee 37874 Knoxville, Tennessee 37901-2467
Judge: BYERS
First Paragraph:
Plaintiff, a registered nurse, underwent surgery on November 19, 1992
for a non-work-related herniated disc. On January 25, 1993, she
injured her back while lifting a patient in bed at work. The trial
court held that she was entitled to three weeks' temporary total
disability, which had been paid, and that "the defendant has paid all
authorized, approved and related medical, hospital and physician
expenses incurred by reason of the temporary aggravation of
plaintiff's previous, non-work related injury."
URL:http://www.tba.org/tba_files/TSC_WCP/WILLIAMS_OPN.WP6
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