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
 

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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

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