January 09, 2001
Volume 7 -- Number 006

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
02 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

SHIRLEY LOOPE v. INSTITUTIONAL JOBBERS CO., INC. et al.

Court:TSC - Workers Comp Panel

Attorneys:

Barry K. Maxwell, Esq. and Wesley L. Hatmaker, Esq., for the
appellant, Institutional Jobbers, Co.,  Inc.

David A. Burkhalter, II, Esq. and Kirk J. Angel, Esq., Knoxville,
Tennessee, for the appellee, Shirley Loope                          

Judge: BYERS

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 S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The trial court found a work-related injury and awarded a ten
percent whole body impairment.  The defendant argues the evidence
preponderates against the finding of compensability.  We affirm the
judgment of the trial court.

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


BEATRICE SCOTT NALL v. E. I. DUPONT DE NEMOURS AND COMPANY , et al. Court:TSC - Workers Comp Panel Attorneys: John R. Lewis, Nashville, and Wm. J. Peeler, Waverly, for the appellant, E. I. DuPont de Nemours and Company. Charles L. Hicks, Camden, for the appellee, Beatrice Scott Hall. Paul G. Summers, Attorney General and Reporter, E. Blaine Sprouse, Assistant Attorney General, for the appellee, Second Injury Fund. Judge: LOSER First Paragraph: The employer avers that the trial judge erred in finding that the claim was not barred by the employee's willful misconduct, failure to use a safety appliance and failure or refusal to perform a duty required by law. Tenn. Code Annotated S 50-6-110. http://www.tba.org/tba_files/TSC_WCP/nallbeatrice.wpd
KATHY KAY SCOTT v. CANTECH INDUSTRIES, et al. Court:TSC - Workers Comp Panel Attorneys: J. Eddie Lauderback, Johnson City, Tennessee, for the appellant, Wausau Underwriters Insurance Company. Clint Woodfin and Laura Bradley Myers, Knoxville, Tennessee, for the appellees, Contech Industries, Inc. and Aetna Casualty & Surety Company. David H. Dunaway, LaFollette, Tennessee, for the appellee, Kathy Kay Scott. Judge: BYERS 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 S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the plaintiff suffered carpel tunnel syndrome as a result of her work with Contech Industries, Incorporated, that the disability should be converted to an injury to the body as a whole, and that the plaintiff had sustained a forty-two percent vocational impairment to the body as a whole. The trial judge found that Wausau Underwriters Insurance Company was the workers' compensation carrier at the time the plaintiff became unable to continue to work, and therefore, was the carrier responsible for the coverage. Wausau raises the issue of whether the trial judge properly found it, rather than Aetna Casualty & Surety Company, liable for the award to the plaintiff. Wausau and Contech Industries Incorporated further argue the trial court erred in finding the plaintiff gave sufficient or timely notice of the carpel tunnel syndrome injury. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/scottkk.wpd
EARL WAGNER v. THE TENNESSEE COAL COMPANY Court:TSC - Workers Comp Panel Attorneys: Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, The Tennessee Coal Company. David H. Dunaway, LaFollette, Tennessee, for the appellee, Earl Wagner. Judge: BYERS 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 S 50-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff sustained a ten percent permanent partial medical impairment as a result of a compensable injury and awarded him forty percent whole body vocational disability. The defendant says the evidence does not support the finding that the plaintiff suffered any permanent impairment and further says if he did, the award should have been restricted to two and one-half percent times the medical impairment because the plaintiff had a meaningful return to work. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/wagner.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0108.wpd
JOHN HAWS BURRELL v. STATE OF TENNESSEE Court:TCCA Attorneys: Andrew N. Hall, Wartburg, Tennessee, for the appellant, John Haws Burrell. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, John Haws Burrell, appeals as of right from the dismissal of his petition for post- conviction relief. The trial court dismissed his petition without an evidentiary hearing as barred by the statute of limitations. The Defendant argues on appeal that the statute of limitations should not have expired until one year after certiorari had been denied by the United States Supreme Court. We affirm the judgment of the trial court dismissing the Defendant's post-conviction petition as time- barred. http://www.tba.org/tba_files/TCCA/burrelljh.wpd
STATE OF TENNESSEE v. JERRY A. MURRELL Court:TCCA Attorneys: Joe Costner and Andy Long, Maryville, Tennessee, for the appellant, Jerry A. Murrell. Paul G. Summers, Attorney General & Reporter; R. Stephen Jobe, Assistant Attorney General; and John Bobo, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Jerry A. Murrell, pled guilty to possession of marijuana with intent to sell or deliver. See Tenn. Code Ann. S 39-17-417(g)(1). The trial court imposed a sentence of 90 days in the county jail followed by 15 months in Community Corrections. In this appeal, the defendant asserts that the trial court erred by failing to suppress evidence obtained pursuant to a search warrant based upon an insufficient affidavit. Because the defendant failed to properly certify this question for review, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/murrelljerrya.wpd

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