June 7, 2001
Volume 7 — Number 104

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
08 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 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

WILLIAM HARPER v. NESTAWAY

Court:TSC - Workers Comp Panel

Attorneys:

Paul Nicks, Jackson, Tennessee,  and Thomas K. McAlexander, Memphis,
Tennessee, for the appellant, William Harper.

Jeffrey G. Foster, Jackson, Tennessee, for the appellee, Nestaway.                          

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 evidence preponderates against the
trial court's finding that the proof failed to establish permanency by
a preponderance of the evidence.  As discussed below, the panel has
concluded the judgment should be affirmed.

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





LINDA HARRIS v. HERITAGE MANOR OF MEMPHIS

Court:TSC - Workers Comp Panel

Attorneys:

Lori Keen, Memphis, Tennessee, for the appellant, Heritage Manor of
Memphis.

Sherry M. Percival, Jackson, Tennessee, for the appellee, Linda Harris.                          

Judge: STAFFORD

First Paragraph:

This worker's 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 determined that the plaintiff had suffered a 20%
vocational impairment to the left arm and a 10% vocational impairment
to the right arm as the result of bilateral carpal tunnel syndrome. 
The defendant asserts that the plaintiff failed to prove her injury
arose out of and within the course and scope of her employment; that
she failed to give proper notice of her injury to the defendant; and
that the evidence does not support the amount of vocational disability
awarded.  For the reasons set forth below, we affirm the judgment of
the trial court.

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





DAVID HICKMAN v. CONTINENTAL BAKING COMPANY 

Court:TSC - Workers Comp Panel

Attorneys: 

Karen R. Cicala, Memphis, Tennessee, for the defendant/appellant,
Continental Baking Company.

Mark Ledbetter, Memphis, Tennessee, for the plaintiff/appellee, David
Hickman.                         

Judge: ASH

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 of
findings of fact and conclusions of law.  The trial court did not
issue a final order in this case.  We therefore remand with
instructions for further proceedings and a final judgment.

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





FORREST L. HOLDER v. TERMINEX INTERNATIONAL COMPANY, L.P., et al.

Court:TSC - Workers Comp Panel

Attorneys:  

W. Timothy Hayes, Jr., Memphis, Tennessee, for the appellant, Forrest
L. Holder.

Jere B. Fones, Memphis, Tennessee, for the appellee, Terminex
International Company, L.P., and Zurich Insurance Company                        

Judge: CHILDERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Panel of the Supreme Court in accordance with
Tennessee Code Annotated S 50-6-225(e)(1999) for a hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The appellant presents the following issues for review: (1)
Whether the trial court correctly found that Mr. Holder did not give
notice of a job injury or adequately disclose his condition; (2)
Whether Mr. Holder permanently aggravated an underlying or
pre-existing condition; (3) Whether Mr. Holder sustained any permanent
partial disability as a result of his employment. After a review of
the entire record, briefs of the parties and applicable law, we affirm
the trial court's judgment.

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





EVERETT E. HOLLINGSWORTH v. CROUCH LUMBER COMPANY

Court:TSC - Workers Comp Panel

Attorneys:    

Lee Anne Murray, Nashville, Tennessee, for the appellant, Crouch
Lumber Company.

Charles L. Hicks, Camden, Tennessee, for the appellee, Everett E.
Hollingsworth.                      

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 evidence preponderates against the
trial court's finding that the employee is permanently and totally
disabled and in favor of a minimal award of permanent partial
disability benefits.  As discussed below, the panel has concluded the
judgment should be affirmed.

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





DANNY HUDSON  v. FARMERS INSURANCE GROUP OF COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:  

K. Don Bishop, Henderson, Tennessee, for the Appellant, Danny Hudson

Lori Keen, Memphis, Tennessee, for the Appellee, Farmers Insurance
Group of Companies

Judge: MCGINLEY

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e)(3) for hearing and reporting of findings of fact and
conclusions of law. The plaintiff, Danny Hudson, appeals the judgment
of the trial court that found that the plaintiff had failed to carry
his burden of proof in establishing that his medical condition was
caused by the work-related accident of August 21, 1996 and dismissed
his claim.  For the reasons stated in this opinion, we affirm the
judgment of the trial court.

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





PAMELA THOMAS v. MURRAY, INC.

Court:TSC - Workers Comp Panel

Attorneys:

J. Arthur Crews and B. Duane Willis, Waldrop & Hall, Jackson,
Tennessee, for the appellant Murray, Inc.

George L. Morrison, III, Jackson, Tennessee, and Mary Dee Allen,
Cookeville, Tennessee, for the appellee, Pamela Thomas.                          

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court pursuant to
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 award of permanent partial disability
benefits based on 30 percent to the right arm and 15 percent to the
left arm is excessive and should be reduced to one based on 10 percent
to the right arm and 5 percent to the left.  As discussed below, the
panel has concluded the award of permanent partial  benefits should be
modified to one based on its functional equivalent, 22.5 percent to
both arms, and affirmed.

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





BRENDA THOMPSON v. AMERISTEEL CORPORATION

Court:TSC - Workers Comp Panel

Attorneys: 

W. Timothy Hayes and Christopher H. Crain, Memphis, Tennessee, for the
appellant, Ameristeel Corporation.

George L. Morrison III, Jackson, Tennessee, and Mary Dee Allen,
Cookeville, Tennessee, for the appellee, Brenda Thompson.                         

Judge: STAFFORD

First Paragraph:

This worker's 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 determined that the plaintiff suffered a 24%
vocational impairment to the whole body.  On appeal, the defendant
submits that the plaintiff failed to prove by a preponderance of the
evidence that she sustained a vocational impairment as the result of
her work with the defendant.  The defendant also submits that the
award of 24% to the whole body is excessive.  For the reasons set
forth below, we affirm the judgment of the trial court.

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





ARTHUR ARMSTRONG, A/K/A HAKI AL-BEY v. TENNESSEE DEPARTMENT OF
CORRECTION, et al.

Court:TCA

Attorneys: 

Arthur L. Armstrong, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and Terri L. Bernal, Assistant Attorney General,
for the appellee, Department of Correction, Lt. Vance, and Warden
Ricky Bell.                         

Judge: CANTRELL

First Paragraph:

An inmate who was found guilty of three disciplinary infractions
challenged those convictions by filing a Petition for Writ of
Certiorari.  The trial court dismissed the Petition.  We affirm the
trial court.

http://www.tba.org/tba_files/TCA/armstronga.wpd





BRENNCO INCORPORATED v. CITY OF CHATTANOOGA BETTER HOUSING COMMISSION

Court:TCA

Attorneys:

Harry K. Hays, Chattanooga, Tennessee, for Appellant, Brennco, Inc.

Kenneth O. Fritz, Chattanooga, Tennessee, for Appellee, City of
Chattanooga, Tennessee.                          

Judge: FRANKS

First Paragraph:

Plaintiff's action for an order restraining defendant from demolishing
plaintiff's buildings was ultimately dismissed, after plaintiff failed
to meet conditions set by the Court to keep the restraint in place. 
On appeal, we affirm.

http://www.tba.org/tba_files/TCA/brenncoinc.wpd





WILLIAM DAVID FOWLER, as surviving parent of DAVID KEITH FOWLER,
deceased, v. RALPH EUGENE DAVENPORT and JASON RICHARDS

Court:TCA

Attorneys:  

Bob McD. Green, Johnson City, Tennessee, for Appellant, William David
Fowler.

Richard W. Pectol and James T. Bowman, Johnson City, Tennessee, for
Appellees, Ralph Eugene Davenport and Jason Richards.

Judge: FRANKS

First Paragraph:

The Trial Court granted defendants summary judgment on the grounds
plaintiff's action was time- barred.  We reverse and remand.

http://www.tba.org/tba_files/TCA/fowlerw.wpd

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