August 17, 2000
Volume 6 -- Number 130

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
03 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
02 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

FEDERAL INSURANCE CO., and EUGENE BAUSELL d/b/a BBC CONSTRUCTION
COMPANY, Appellee v. PENNSYLVANIA NATIONAL MUTUAL CASUALTY, and GEORGE
POWELL d/b/a GEORGE POWELL CONSTRUCTION COMPANY, Appellant, and TONYA
TURNER, ET AL., Appellee

Court:TSC - Workers Comp Panel

Attorneys: 

Michael K. Atkins, Baker, McReynolds, Byrne, O'Kane, Shea & Townsend,
Knoxville, TN, for the appellants, Pennyslvania National Mutual
Casualty, et al.

Richard E. Spicer and Michele Howard, Spicer, Flynn, & Rudstrom, PLLC,
Nashville, TN, for the appellees, Federal Insurance Company, et al.                         

Judge: TURNBULL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with the Tenn. Code
Ann. S50-6-225(e)(3) for hearing and reporting findings of fact and
conclusions of law.  In this case, a temporary employer and its
insurance company contend the trial court erred in finding a deceased
employee to be a loaned servant.  The panel has concluded that the
judgment of the trial court should be affirmed because the deceased
employee was a loaned servant.

http://www.tba.org/tba_files/TSC_WCP/federal.wpd


CLAUDEAN EDWARDS HULSEY, v. PETERBILT MOTORS COMPANY Court:TSC - Workers Comp Panel Attorneys: Patrick Alan Ruth, Gracey, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellant, Peterbilt Motors Company, Appellant William R. Underhill, Springfield, Tennessee, for the appellee, Claudean Edwards Hulsey Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal. http://www.tba.org/tba_files/TSC_WCP/hulseycl.wpd
WALTER TAYLOR, JR., v. ATHENS PAPER COMPANY, INC., and GREAT AMERICAN INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: A. Gregory Ramos, North, Pursell & Ramos, Nashville, Tennessee, for the appellants, Athens Paper Company, Inc., and Great American Insurance Companies Joseph K. Dughman, Bruce, Weathers, Corley, Dughman & Lyle, Nashville, Tennessee, for the appellee, Walter Taylor, Jr. Judge: TURNBULL 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. SS 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues. http://www.tba.org/tba_files/TSC_WCP/taylorwalt.wpd
Constitutionality of 2000 Tenn. Pub. Acts Chapter 909 (HB2688/SB2398) Date: August 7, 2000 Opinion Number: 00-125 http://www.tba.org/tba_files/AG/OP125.pdf
Removal of Judicial Commissioner Date: August 7, 2000 Opinion Number: 00-126 http://www.tba.org/tba_files/AG/OP126.pdf

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