March 5, 1999
Volume 5 -- Number 031

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

		
WILLIAM ADKINS
VS.
BEECH GROVE PROCESSING COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellant:          For the Appellee:

Robert W. Knolton           Charles B. Sexton
105 Donner Drive, Suite B   425 Industrial Lane
P. O. Box 4459              P. O. Box 4187
Oak Ridge, TN 37831-4459    Oneida, TN 37841-4187                         

Judge:INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. William
Adkins ["employee"] sustained a work-related low back injury
superimposed upon a pre-existing degenerative disc condition.  The
work injury was followed by  injuries sustained in a non-work-related
automobile accident, and all of these conditions ultimately combined
to render him totally and permanently disabled for Social Security
Disability purposes.  The trial court in this workers' compensation
cause found him to be 50% vocationally disabled as a result of the
accident at work, which the employer appeals. We affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TSC_WCP/Adkins_wc3.WP6



MICHAEL BOHANNON VS. ASPLUNDH TREE EXPERT CO., INC., and NATIONAL UNION FIRE INSURANCE COMPANY, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Conrad Finnell J. Bartlett Quinn Attorney at Law Fleissner, Cooper, Marcus & Quinn P. O. Box 1476 800 Vine Street Cleveland, Tennessee 37364-1476 Chattanooga, Tennessee 37403 Judge:MCLELLAN First Paragraph: This Worker's Compensation Appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225 (e) (3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee alleged injury to his neck and upper torso when on January 30, 1993 he was getting off of a bush hog, while working for his employer whose primary business is tree-trimming, and he slipped on some oil. The employee states he attempted to break his fall by grabbing hold of the tractor before falling several feet and landing on his low back. The trial court found that the plaintiff suffered a "severe fall" and resulting injury but that the disability is "highly exaggerated" by the plaintiff. Taking all the evidence in consideration, the trial Court awarded judgment in the amount of twenty-five percent disability to the body as a whole and medical expenses. Both parties have appealed the judgment of the trial court. The employer contends that the trial court erred in awarding permanent partial disability as a result of the alleged accidental injury. The plaintiff's issue on appeal is whether the evidence preponderates in favor of a finding of much more occupational disability than the twenty-five percent awarded by the trial court. http://www.tba.org/tba_files/TSC_WCP/Bohannon_opn.WP6
JOSEPH WALTON JAMES VS. THE TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Imogene A. King Roger L. Ridenour Frantz, McConnell & Seymour, LLP Ridenour, Ridenour & Fox P.O. Box 39 P.O. Box 530 Knoxville, TN 37901 Clinton, TN 37717-0530 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). http://www.tba.org/tba_files/TSC_WCP/Jamesjos_wc.WP6
RONALD UNDERWOOD VS. ROBINSON MANUFACTURING COMPANY, INC., and ARGONAUT INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: H. Richard Marcus Herbert A. Thornbury Franklin, Cooper & Marcus, PLLC Poole, Thornbury, Morgan & Richardson 800 Vine Street 732 Cherry Street Chattanooga, TN 37403 Chattanooga, TN 37402 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). http://www.tba.org/tba_files/TSC_WCP/Underwoo_wc.WP6

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