April 4, 2001
Volume 7 — Number 062

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
05 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

CHERYL ELLIS v. SMITH CO. COATINGS, et al.
Court:TSC - Workers Comp Panel

Attorneys:

B. Keith Williams, Taylor, Taylor, Lannom & Williams, Lebanon,
Tennessee, for the appellant, Cheryl Ellis.

Mark C. Travis and Frederick J. Bissinger, Wimberly, Lawson & Seale,
Cookeville, Tennessee for the appellees, Smith County Coatings, Inc.
and Clarendon Insurance Company.

Judge: LOSER

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.  In this
appeal, the employee insists the trial court erred in dismissing her
claim for failure to give written notice of her claimed injury and for
insufficient proof of compensability.  As discussed below, the panel
has concluded the judgment should be affirmed.

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


PHILIPS CONSUMER ELECTRONICS COMPANY v. KATHY A. JENNINGS Court:TSC - Workers Comp Panel Attorneys: Jeffrey A. Cobble, Greeneville, Tennessee, for the appellant, Kathy A. Jennings. Arthur G. Seymour, Jr, Knoxville, Tennessee, for the appellee, Philips Consumer Electronics Company. 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. This workers' compensation suit was instituted by the employer. The trial judge found the employer should pay all medical care necessary for the treatment of an injury at work, that no temporary total benefits were owed, and that the employee suffered no permanent disability. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/philipsconsumer.wpd
TAMMY LYNNE PRUETT v. SERVICE MERCHANDISE COMPANY, ETC. Court:TSC - Workers Comp Panel Attorneys: Henry R. Allison, III, Nashville, Tennessee, for the appellant, Tammy Lynne Pruett. Michael A. Geracioti and Dale Tibbs, Levine, Mattson, Orr & Geracioti, Nashville, Tennessee, for the appellee, Service Merchandise Company d/b/a Pargh Company. Judge: LOSER 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. In this appeal, the appellant insists the trial court erred in disallowing her Tenn. R. Civ. P. 60 motion for relief from a final judgment. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/pruetttammy.wpd
TERRY TRAYLOR v. NORTH AMERICAN ROYALTIES, INC., d/b/a WHELAND FOUNDRY Court:TSC - Workers Comp Panel Attorneys: James S. Dreaden, Chattanooga, Tennessee, for the appellant, Terry Traylor. Joseph R. White and Timothy J. Millirons, Chattanooga, Tennessee, for the appellee, North American Royalties, Inc, d/b/a Wheland Foundry. 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 granted the defendant's motion for summary judgment and dismissed the plaintiff's petition to reopen his previously settled workers' compensation case under the provisions of Tennessee Code Annotated S 50-6-241(a)(2). We reverse and remand the case to the trial court for further proceedings in accordance with this opinion. http://www.tba.org/tba_files/TSC_WCP/traylort.wpd
THOMAS DANIEL WHITED v. WILSON FARMERS COOPERATIVE, et al. Court:TSC - Workers Comp Panel Attorneys: William E. Halfacre, III, Madewell, Jared, Halfacre & Williams, Cookeville, Tennessee, for the appellants, Wilson Farmers Cooperative and Hartford Casualty Insurance. Lena Ann Buck and Frank Buck, Buck & Buck, Smithville, Tennessee, for the appellee, Thomas Daniel Whited. Judge: LOSER 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. In this appeal, the employer insists the trial court erred in its resolution of the issues of causation, permanency, extent of permanent disability, medical expenses and discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/whitedthomasdaniel.wpd

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