June 16, 2000 Volume 6 -- Number 093 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. This Issue (IN THIS ORDER):   00 New Opinion(s) from the Tennessee Supreme Court 02 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 05 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink JAMES R. ROSENTHAL, SR. v. CITY OF DYERSBURG, et al. Court:TSC - Workers Comp Panel Attorneys: Anthony L. Winchester, Dyersburg, Tennessee, for the appellant, James R. Rosenthal, Sr. John D. Burleson and Jeffery G. Foster, Jackson, Tennessee, for the appellees, City of Dyersburg, et al. Judge: TATUM First Paragraph: This is an appeal by James R. Rosenthal, Sr., a police officer for the City of Dyersburg, Tennessee, who brought two suits against the City of Dyersburg and the Tennessee Municipal League Risk Management Pool for workers' compensation benefits. One suit was filed July 16, 1996, against the defendants alleging that the plaintiff had sick sinus syndrome that developed as a result of his employment for the City of Dyersburg. Another suit was filed on September 19, 1997, alleging that the plaintiff had vasodepressor syncope that grew out of his employment. In both cases, the plaintiff alleges that Tennessee Code Annotated S 7-51-201, hereinafter quoted, is applicable. http://www.tba.org/tba_files/TSC_WCP/rosenthal.wpd SANDRA WARREN v. AMERICAN ALLIANCE INSURANCE COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: Jeffrey P. Boyd, Jackson, Tennessee, for the appellants, American Alliance Insurance Company, et al. Gayden Drew, IV, Jackson, Tennessee, for the appellee, Sandra Warren. Judge: TATUM First Paragraph: This is an appeal by the employer, Premier Manufacturing Corporation, and its insurer, American Alliance Insurance Company, from an award in favor of the plaintiff, Sandra Warren, based upon a finding that the plaintiff had a work-related permanent partial disability of 39 percent to the body as a whole. The trial court found that the plaintiff had pre-existing spondylolisthesis, which was asymptomatic until the work injury of April 23, 1998, and which was exacerbated and advanced to the point of making it symptomatic. The chancellor held that the two and one-half (2.5) times cap established in Tennessee Code Annotated S 50-6-241(a)(1) applied in this case. http://www.tba.org/tba_files/TSC_WCP/warrens.wpd Charter Provision Raising Salary of Mayor of Smithville Date: May 31, 2000 Opinion Number: 00-102 http://www.tba.org/tba_files/AG/OP102.pdf Effect of SB3147 / HB3259 on Building Fees and Permits Enacted in Bartlett, Tennessee Date: June 1, 2000 Opinion Number: 00-103 http://www.tba.org/tba_files/AG/OP103.pdf Item in Appropriations Bill Date: June 1, 2000 Opinion Number: 00-104 http://www.tba.org/tba_files/AG/OP104.pdf Applicability of Collection Service Licensure Requirements to Company Owned and Operated by Attorneys Date: June 8, 2000 Opinion Number: 00-105 http://www.tba.org/tba_files/AG/OP105.pdf Validity of Proposed Property Tax Exemption under Article XI, Section 8 of the Tennessee Constitution. Date: June 9, 2000 Opinion Number: 00-106 http://www.tba.org/tba_files/AG/OP106.pdf PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/ SUBSCRIBE TO OPINION FLASH! Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! 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