Opinion Flash

October 7, 2003
Volume 9 — Number 182

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


KATHY DAVENPORT V. WAL-MART SUPERCENTER

Court:TSC - Workers Comp Panel

Attorneys:   

B. Chadwick Rickman, Allen, Kopet & Associates, PLLC, Knoxville,
Tennessee, for the Appellant, Wal-Mart Sueprcenter.

Larry V. Roberts, Kingsport, Tennessee, for the Appellee, Kathy
Davenport.                       

Judge: PEOPLES

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann.
S 50-6-225(e) for hearing and reporting of findings of fact and
conclusions of law.  The employer asserts the trial court erred in
adopting the medical impairment rating of the evaluating physician
rather than the opinion of the treating physician.  We affirm.

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

BOBBY J. LAXTON  v. STATE OF TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:

Robert A. McNees III and Robert W. Knolton, of Oak Ridge, Tennessee,
for Appellant, Bobby J. Laxton.

Paul G. Summers, Attorney General and Reporter, and Stephanie R.
Reevers, of Nashville, Tennessee, for Appellee, State of Tennessee.   
                     
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 Claims
Commissioner sustained a motion for summary judgment in favor of the
employer and held the action was not timely filed within the one year
period of time allowed by the statute of limitations.  The employee
contends he filed the claim within one year of his becoming aware he
was disabled to work.  Judgment of the Claims Commission is affirmed.

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

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