Opinion Flash

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

KAMEL AL-ABES v. FRICTION MASTER, L.P., et al.

Court:TSC - Workers Comp Panel

Attorneys:     

Michael C. Skouteris, Ted S. Angelakis and William Bruce, Memphis,
Tennessee, for the appellant, Kamel Al-Abes.

Archie Sanders, III, Memphis, Tennessee, for the appellees, Friction
Master, L.P., et al.

Judge: LAFFERTY

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 findings of fact and conclusions of
law.  Plaintiff presents three appellate issues: (1) Whether the
findings of the trial court were contrary to the preponderance of the
evidence; (2) whether the trial court erred in denying Plaintiff
future medical care; and (3) whether the trial court erred in denying
Plaintiff discretionary costs.  After a review of the entire record,
the Panel concludes that the judgment of the trial court on the award
of fifteen percent (15%) permanent disability is affirmed.  However,
we reverse the trial court's judgment's  denial of future medical care
and denial of certain discretionary costs.

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

PATRICIA DAISY COLEMAN v. TOWER AUTOMOTIVE, et al.

Court:TSC - Workers Comp Panel

Attorneys: 

Deana C. Seymour, Jackson, Tennessee, for the appellants, Tower
Automotive and Lumbermen's Mutual Casualty Company.

Donald E. Parish, Huntingdon, Tennessee, for the appellee, Patricia
Daisy Coleman.

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-appellant contends the award of permanent partial
disability benefits based on 35 percent to the body as a whole is
excessive.  As discussed below, the panel concludes the judgment
should be affirmed.

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

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