October 11, 2000
Volume 6 -- Number 165

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
01 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

HAROLD W. FERRELL, SR. v. CIGNA PROPERTY & CASUALTY INSURANCE CO., et
al.

Court:TSC - Workers Comp Panel

Attorneys:  

W. Reese Willis, III and Tyree Bryson Harris, IV, Nashville,
Tennessee, for the appellants, Cigna Property & Casualty Insurance Co.
and APAC-Tennessee, Inc.

William J. Butler, Frank D. Farrar, and Barry H. Medley, Lafayette,
Tennessee, for the appellee, Harold W. Ferrell, Sr.
                        
Judge: DROWOTA

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court
of findings of fact and conclusions of law.  The appellants,
APAC-Tennessee, Inc. and Cigna Property & Casualty Insurance Co.,
contend that the trial court erred in finding that the plaintiff was
twenty percent (20%) vocationally disabled and awarding him permanent
partial disability benefits totaling $39,360.00.  They argue that the
plaintiff could not be vocationally disabled because prior to his
injury he had already planned to retire as a result of a preexisting
arthritic condition.  In other words, since the plaintiff had decided
to stop working, he should not recover benefits which relate to future
employability and earning capacity.  We reject this argument for the
reasons stated below, and affirm the judgment of the trial court in
its entirety.

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


Scott Lewis Phillips v. Tennessee Home Improvements, Inc. Court:TSC - Workers Comp Panel Attorneys: Sean A. Hunt, Spicer, Flynn & Rudstrom, PLLC, Nashville, TN, for the appellant Tennessee Home Improvements, Inc. Craig P. Fickling and William A. Cameron, Ronald Thurman & Associates, Cookville, TN, for the appellee Scottie Lewis Phillips. Judge: CLEMENT 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. The appellant, a vinyl siding company, contends the trial court erred in finding a siding installer to be an employee rather than an independent contractor. The panel has concluded that the judgment of the trial court finding the installer to be an employee should be affirmed. http://www.tba.org/tba_files/TSC_WCP/tnhomeimprove.wpd
STATE OF TENNESSEE v. CHARLES SHERMAN THAXTON Court:TCA Attorneys: Mark E. Stephens, District Public Defender, and David Gall, Assistant District Public Defender, for the appellant, Charles Sherman Thaxton. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Charme J. Knight, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant appeals his convictions for two counts of aggravated sexual battery. He contends that the trial court erred (1) by allowing rebuttal testimony of a prior consistent statement and (2) by failing to give a limiting instruction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/thaxtoncs.wpd

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