Opinion FlashOctober 24, 2003
Volume 9 Number 195
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
GREGORY A. HEDGES v. STATE OF TENNESSEE Court:TSC - Workers Comp Panel Attorneys: Gregory A. Hedges, Mountain City, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and C. Berkeley Bell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner filed a petition for writ of error coram nobis claiming a due process violation in that the State failed to disclose a plea agreement with a material witness. We conclude the issues raised by the petitioner have been previously determined and are time barred. We further conclude the facts of this case do not justify tolling of the statute of limitations. We affirm the trial court's dismissal. http://www.tba.org/tba_files/TSC_WCP/hedgesga.wpd
PERMANENT GENERAL INSURANCE v. HOWARD E. RAYMER Court:TCCA Attorneys: D. Brett Burrow and Gordon C. Aulgur, Brewer, Krause & Brooks, Nashville, Tennessee, for the appellant, Permanent General Insurance Sean McMinn and Marcia McShane Watson, Law office of Donald D. Zuccarello, Nashville, Tennessee, for the appellee, Howard E. Raymer 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 appellant questions the trial court's findings that the employee's hernias were work related and the extent of his vocational disability. The appellant further contends the trial court erred in not reducing the lump sum award to its present value. As discussed below, the panel has concluded (1) the evidence fails to preponderate against the trial court's findings of fact and (2) Tenn. Code Ann. S 50-6-229(a) prohibits the reduction of a lump sum award to its present value. http://www.tba.org/tba_files/TCCA/permanentgen.wpd
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