Opinion Flash

February 14, 2003
Volume 9 — Number 027

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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


SHERRY ELLEN CARWILE v. COMPASS GROUP, USA, INC., etc.

Court:TSC - Workers Comp Panel

Attorneys: 

Ronald L. Harper and R. Scott Harper, Memphis, Tennessee, for the
appellant, Compass Group, USA, Inc., d/b/a Canteen Vending Services

Jay E. DeGroot, Jackson, Tennessee, for the appellee, Sherry Ellen
Carwile                         

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 insists the trial court erred in admitting, over
objection, certain medical expenses allegedly incurred by the
plaintiff.  As discussed below, the panel has concluded that proof
that the expenses allowed were reasonable and necessary was not
required where the employer failed to provide medical care as required
by Tenn. Code Ann. S 50-6-204(a)(4)(A).

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

ROSIE FULLER v. WAL-MART STORES, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:    

Jay L. Johnson, Jackson, Tennessee, attorney for appellant, Wal-Mart
Stores, Inc.

David Hardee, Jackson, Tennessee, attorney for appellee, Rosie Fuller.

Paul G. Summer, Attorney General and Reporter; E. Blaine Sprouse,
Assistant Attorney General, for the appellee, State of Tennessee.                      

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 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
judge found the plaintiff had suffered a 90 percent disability to her
body as a whole as a result of an injury to her legs and back.  The
award was apportioned at 75 percent to the employer and 15 percent to
the Second Injury Fund because the plaintiff had a previous injury to
her leg which amounted to a 25 percent permanent partial disability,
which was paid by Wal-Mart.  We modify and affirm the judgment.

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

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