August 1, 2001 Volume 7 — Number140 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 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 01 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink LINDA ROWLAND v. NORTHBROOK HEALTH CARE CENTER Court:TSC - Workers Comp Panel Attorneys: P. Allen Phillips and Jay Dustin King, Jackson, Tennessee, for the appellant, Northbrook Health Care Center. Ricky L. Boren, Jackson, Tennessee, for the appellee, Linda Rowland. 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, Northbrook, insists the award of permanent partial disability benefits based on 70 percent to the body as a whole is excessive. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/rowlandlinda.wpd ELLIS PERLBERG v. BRENCOR ASSET MANAGEMENT, INC. Court:TCA Attorneys: John M. Wolfe, Jr., Chattanooga, Tennessee, for the appellant, Ellis Perlberg. Angela M. Cirina, Chattanooga, Tennessee, for the appellee, Brencor Asset Management, Inc. Judge: SUSANO First Paragraph: This is a handicap discrimination case. The plaintiff, Ellis Perlberg, injured his back while working for the defendant, Brencor Asset Management, Inc. ("Brencor"). He returned to work several months later. He was terminated on the day of his return. Brencor informed Perlberg that he was being terminated because his physician had informed the company of Perlberg's permanent restrictions, which restrictions, according to the company, were incompatible with Perlberg's job requirements. Perlberg filed suit, alleging, inter alia, that Brencor "violated the TENNESSEE HUMAN RIGHTS ACT [("THRA")] by not reasonably accommodating him in a job of which he was capable in his injured condition." After the trial court granted Brencor summary judgment, Perlberg filed a motion to alter or amend the judgment, and, for the first time identified T.C.A. S 8 50-103 (1993), the Tennessee Handicap Act ("THA"), as the statute under which he was pursuing his THRA claim. The trial court denied Perlberg's motion to alter or amend, and he now appeals. We reverse. http://www.tba.org/tba_files/TCA/perlberge.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