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   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 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 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. 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