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   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 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 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? 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