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
 

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

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

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!

For the
Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:
UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 2001 Tennessee Bar Association