Opinion FlashNovember 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):
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Howard H. Vogel
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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