Opinion Flash

October 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):
00 New Opinion(s) from the Tennessee Supreme Court
01 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
01 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


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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