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

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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