February 11, 2001 Volume 7 -- Number 027 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 02 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 FELIPE AGUIRRE v. JAMES and PATSY CHAMBERS, d/b/a BIG C TOMATO FARM, et al. Court:TSC - Workers Comp Panel Attorneys: Michael C. Murphy, Morristown, Tennessee, for the appellant, Felipe Aguirre. Donald B. Oakley, Morristown, Tennessee, for the appellee, James and Patsy Chambers, d/b/a Big C Tomato Farm and Wausau Insurance Company. Judge: INMAN 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff Felipe Aguirre suffered the loss and amputation of his arm as a result of a traffic accident allegedly occurring in the course of his employment with defendant. The circuit court found the accident to be unconnected to his employment and dismissed his suit. We affirm. http://www.tba.org/tba_files/TSC_WCP/aguirre.wpd NIKKI F. NELSON v. MAGNETIC SEPARATION SYSTEMS, INC., and TRAVELERS INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: Peter D. Heil and Michael A. Friedland, Alan Wise, Stillman, Karr, & Wise, Nashville, TN, for the appellant, Nikki F. Nelson Sean Antone Hunt, Spicer, Flynn & Rudstrom, PLLC, Nashville, TN, for the appellees, Magnetic Separation Systems, Inc. and Travelers Insurance Co. 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. S 50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The employee contends the Chancellor erroneously: [1] considered as substantive evidence the medical report of Dr. Miller; [2] failed to find her elbow, shoulder, neck and spine disabilities were caused by her work, and therefore [3] rendered an inadequate award. As discussed below, the panel concludes that the parties offered voluminous medical records, including those of Dr. Miller, which were, without objection or limitation, treated by the parties throughout the trial as substantive evidence. The chancellor properly treated those reports as substantive evidence. The panel further concludes the chancellor's decision limiting the award to work-related disability to the hands and wrists is supported by a preponderance of the evidence, and that the award of 20 percent disability to both arms should be affirmed in all respects. http://www.tba.org/tba_files/TSC_WCP/nelsonnikki.wpd JOHN EDWARD WHITAKER v. LEAR CORPORATION Court:TSC - Workers Comp Panel Attorneys: Steven H. Trent and Jennifer P. Keller, of Johnson City, Tennessee, for the Appellant, Lear Corporation. James M. Davis, of Morristown, Tennessee, for the Appellee, John Edward Whitaker. Judge: THAYER 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling awarding appellee-employee 60 percent permanent partial disability to each arm. Appellant argues the award of disability is excessive and should be reduced. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/whitaker.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0212.wpd IN RE: AMENDMENT TO RULE 9, S 20.1 RULES OF THE SUPREME COURT OF TENNESSEE ORDER Court:TSC - Rules Judge: ANDERSON First Paragraph: This matter is before the Court upon the Board of Professional Responsibility's request to increase the annual lawyer registration fee. According to the Board, the present annual fee of $90 was established in 1991 and projected by the Board to cover its expenses through 1996. The Board asserts that an increase in the annual fee is needed to maintain its current activities and to initiate and implement the Client Assistance Program in July of 2001. The Board submits two proposals for the Court's review: 1) increasing the annual fee $105 in 2002 and 2003; or 2) increasing the annual fee to $100 in 2002 and $105 in 2003. http://www.tba.org/tba_files/TSC_Rules/rule9-201.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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