Opinion Flash

November 5, 2003
Volume 9 — Number 203

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
01 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


JOSE SILVA v. MARTIN LUMBER COMPANY, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Lee Anne Murray, Nashville, Tennessee, for the appellant, Martin
Lumber Company and TFA Selective Workers' Compensation Group.

Brian Dunigan, Goodlettsville, Tennessee, for the appellee, Jose
Silva.

Judge: WEATHERFORD

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)(3) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law.  The employer appeals the
judgment of the trial court awarding the employee 36% vocational
disability to his left hand.  The employer contends that the employee
is not eligible for workers' compensation benefits because he is an
illegal alien who committed fraud by presenting false documentation of
his eligibility for employment.  We find that injured worker in this
case is an "employee" within the meaning of the Workers' Compensation
Act. We hold that by presenting falsified documentation of employment
eligibility, the employee did not make a false representation as to
his physical condition and that there was no causal connection between
this false representation and the injury to warrant denial of
benefits.  Accordingly, the judgment of the trial court is affirmed.

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

JUDY LONGMIRE, ET UX, v. THE KROGER COMPANY, D/B/A KROGER STORE NO.
581, ET AL.

Court:TCA

Attorneys:                          

James T. Shea, IV, Knoxville, Tennessee, for Appellants.

Archie R. Carpenter, Knoxville, Tennessee, for Appellee.

Judge: FRANKS

First Paragraph:

In this action for damages for injuries suffered when plaintiff fell
on defendant's premises, the Trial Court granted defendant summary
judgment.  On appeal, we vacate and remand.

http://www.tba.org/tba_files/TCA/longmirej.wpd

STATE OF TENNESSEE v. GREGORY REED TURNER

Court:TCCA

Attorneys:                          

Leslie M. Jeffress, Knoxville, Tennessee, for the appellant, Gregory
Reed Turner.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and G. Scott Green, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Gregory Reed Turner, pled guilty in the Knox County
Criminal Court to attempted rape.  The trial court sentenced the
appellant to eight years of incarceration in the Tennessee Department
of Correction.  The trial court denied the appellant's request for
probation and the appellant timely appealed.  Upon review of the
record and the parties' briefs, we affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/turnergr.wpd

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