Opinion FlashMay 28, 2003
Volume 9 Number 096
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):
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Howard H. Vogel
LINDA SUE PINKARD v. FINDLAY INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: Patrick A. Ruth, Nashville, Tennessee, for the appellant, Findlay Industries, Inc. William Joseph Butler and Frank D. Farrar, Lafayette, Tennessee, for the appellee, Linda Sue Pinkard. 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 (1) the trial court's finding of permanent partial impairment or disability is contrary to the preponderance of the evidence, (2) the trial court erred in denying the employer's request for the appointment of a neutral physician, and (3) the award of permanent partial disability benefits on the basis of 60 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/pinkardlinda.wpd
ROOSEVELT MALONE v. STATE OF TENNESSEE Court:TCCA Attorneys: Roosevelt Malone, Whiteville, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Randall Eugene Nichols, District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Roosevelt Malone, appeals the post-conviction court's dismissal of his petition for post conviction relief. Petitioner contends that the post-conviction court erred when it failed to conduct an evidentiary hearing and failed to grant Petitioner sufficient time to amend his petition. Upon review of this matter, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/malonerooseveltcx.wpd
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