Opinion Flash

March 4, 2002
Volume 8 — Number 039

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
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 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
05 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


BILLY JOE CLUBBS v. CRESENT MANUFACTURING CO., et al.

Court:TSC - Workers Comp Panel

Attorneys:

Mary A. Parker, Nashville, Tennessee, for the appellant, Bobby Joe
Clubbs

D. Andrew Saulters, Nashville, Tennessee, for the appellees, Cresent
Manufacturing Company and CNA Insurance Company                       

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 injured employee insists the trial court erred in
dismissing his claim for benefits for failure to give timely written
notice of his injury.  As discussed below, the panel has concluded the
judgment should be reversed and the cause remanded for further
consideration.

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

JUDY LYNN POPA  v. MCKINNON LUMBER CO., INC.

Court:TSC - Workers Comp Panel

Attorneys:

Markley Runyon Gill, Erin, Tennessee, for the appellant, Judy Lynn
Popa, mother and next friend of Miles Popa, Eric Popa, and Taylor Popa
(the minor children of Thomas Popa, deceased and Judy Lynn Popa), and
Judy Lynn Popa, as Administrator for the estate of the late Thomas
Popa.

Lee Anne Murray and Shannon E. McLennan, Nashville, Tennessee, for the
appellee, McKinnon Lumber Company, Inc.                   

Judge: WEATHERFORD

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 appellant (mother of the three minor children of the
deceased employee) contends that the trial court erred in  not
commuting the surviving childrens' benefits to a lump sum.  The trial
court ordered: 1) that the accrued death benefits be paid into the
Circuit Court Clerk's office and held in trust for the three minor
children until their eighteenth birthdays; and 2) the remaining
benefits be paid to the clerk's office in bi-weekly installments to be
invested and held in trust for the children's benefit.

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

TIMOTHY TIDWELL v. VERPLANK ENTERPRISES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

Joseph M. Huffaker, Nashville, Tennessee, for the appellant, Verplank
Enterprises, Inc.

Robert D. Massey, Pulaski, Tennessee, for the appellee, Timothy D.
Tidwell.                     

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.

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0304.wpd

New Special School District

Date: February 26, 2002

Opinion Number: No. 02-020                          

http://www.tba.org/tba_files/AG/OP20.pdf

Post-Mortem Examinations

Date: Post-Mortem Examinations

Opinion Number: 02-021                         

http://www.tba.org/tba_files/AG/OP21.pdf

"Ward of the State" for the Purposes of the Individuals With
Disabilities Education Act

Date: February 26, 2002

Opinion Number: 02-022                         

http://www.tba.org/tba_files/AG/OP22.pdf

Hours for Beer Sales on Sundays

Date: February 27, 2002

Opinion Number: 02-023                         

http://www.tba.org/tba_files/AG/OP23.pdf

Organization as Lobbyist

Date: March 1, 2002

Opinion Number: 02-024                         

http://www.tba.org/tba_files/AG/OP24.pdf

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