December 12, 2001
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.
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Howard H. Vogel
PHILLIP COLDWELL v. HARTFORD CASUALTY INS. CO. Court:TSC - Workers Comp Panel Attorneys: Lynn C. Peterson, Knoxville, Tennessee, for the appellant, Hartford Casualty Insurance Co. Jana Durham Terry, Morristown, Tennessee, for the appellee, Phillip Coldwell. 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 found the plaintiff had sustained an accidental injury and awarded the plaintiff the replacement cost of his prosthetic foot. We reverse the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/coldwellphillip.wpd FIREFLY INDUSTRIES, INC. v. RHONDA SEXTON Court:TSC - Workers Comp Panel Attorneys: Charles B. Sexton, Oneida, Tennessee, for the Appellant, Rhonda Sexton. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellee, Firefly Industries, Inc. Judge: THAYER 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. The trial court awarded the employee 25 percent disability to the body as a whole. The employee has appealed insisting the award is inadequate and should be much higher. The employer argues certain medical expenses were unauthorized and that the incident in question caused no vocational disability. Judgment of the trial court is affirmed as to the award of disability and modified as to the allowance of medical expenses. http://www.tba.org/tba_files/TSC_WCP/firefly.wpd DAVID PRATER v. MAYFIELD DAIRY FARMS, INC. Court:TSC - Workers Comp Panel Attorneys: Bert Bates, Cleveland, Tennessee for the appellant, David Prater. Kent T. Jones, Chattanooga, Tennessee for the appellee, Mayfield Dairy Farms, Inc. 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 found the plaintiff 90 percent vocationally disabled. We affirm the judgment of the trial court but find the preponderance of the evidence indicates the plaintiff is entitled to a award of permanent total disability. We modify the judgment accordingly. http://www.tba.org/tba_files/TSC_WCP/praterdavid.wpd
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