September 7, 2000 Volume 6 -- Number 142 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 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 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 DARRYL DAVIS v. PIRELLI ARMSTRONG TIRE CORPORATION AND TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Steve C. Norris, Nashville, Tennessee, for the appellant, Darryl Davis. William D. McCaskill, Jr., Nashville, Tennessee, for the appellees, Pirelli Armstrong Tire Corporation and Travelers Insurance Company. Judge: LEWIS 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. S50-6-225(e)(3) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S50-6-225(e)(2) (1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987). http://www.tba.org/tba_files/TSC_WCP/davisdarryl.wpd TERESA M. McCARLEY JOHNSON v. MAURY REGIONAL HOSPITAL, et al. Court:TSC - Workers Comp Panel Attorneys: Jeffrey Zager, Nashville, Tennessee, for the appellant, Maury County Regional Hospital. Gary R. Gober, Nashville, Tennessee, for the appellee, Teresa M. McCarley Johnson. Judge: LOSER First Paragraph: The employer, Maury County Regional Hospital contends the trial judge erred in concluding the employee's back injury arose out of and occurred in the course of employment and that the award of permanent partial disability benefits is excessive. http://www.tba.org/tba_files/TSC_WCP/johnsonteresa.wpd VALERIE A. LEWIS v. SATURN CORPORATION Court:TSC - Workers Comp Panel Attorneys: Thomas H. Peebles, IV and K. Suzanne Crenshaw, Columbia, Tennessee, for the appellant, Saturn Corporation. Lloyd T. Kelso, Nashville, Tennessee, for the appellee, Valerie A. Lewis. Judge: WEATHERFORD 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. S50-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. http://www.tba.org/tba_files/TSC_WCP/lewisvaler.wpd REX TAYLOR v. EMERSON MOTOR COMPANY Court:TSC - Workers Comp Panel Attorneys: P. Allen Phiillips and B. Duane Willis, Jackson, Tennessee, for the appellant, Emerson Motor Company. Gayden Drew IV, Jackson, Tennessee, for the appellee, Rex Taylor Judge: MALOAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Emerson Motor Company (Emerson), appeals the judgment of the Circuit Court of Decatur County, where the trial court found: (1) an injury by accident, (2) the plaintiff, Rex Taylor (Taylor), did not have a meaningful return to work, and (3) awarded the maximum benefits of two hundred sixty (260) weeks of benefits under Tennessee Code Annotated, S50-6-207(4). For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/taylorr.wpd 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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