Opinion FlashJanuary 06, 2004
Volume 10 Number 003
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
JUANITA BOLING, Appellee v. SAK'S INCORPORATED a/k/a HECHT'S and LIBERTY MUTUAL INSURANCE GROUP, and SUE ANN HEAD, DIRECTOR, DEPARTMENT OF LABOR, WORKERS' COMPENSATION DIVISION, SECOND INJURY FUND, Appellants Court:TSC - Workers Comp Panel Attorneys: J. Frank Thomas, Leitner, Williams, Dooley & Napolitan, PLLC, Nashville, TN, for appellant, Sak's Incorporated. Paul G. Summers and E. Blaine Sprouse, Attorney General, Nashville, TN, for appellant, Second Injury Fund. Daniel C. Todd, Todd and Floyd, PLC, Nashville, TN, for appellee, Juanita Boling. Judge: CLEMENT 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 findings of fact and conclusions of law. The issues presented pertain to a 71 year old employee of Sak's Incorporated who sustained two separate injuries. The employee and Sak's settled the first case, involving injuries to the left shoulder, for the maximum benefits stating in the settlement that the employee was "100% permanently partially disabled." The matter on appeal involves an injury to the back that occurred within one month of the prior injury. The trial court found the employee permanently and totally disabled from her back injury and awarded her the maximum benefits. Moreover, the trial court construed the prior order as a finding of 100% permanent total disability to the body as a whole and held the appellant, Second Injury Fund of the Department of Labor, liable for the entire award for the back injury. For reasons stated herein, the panel affirms the judgment of the trial court as modified. http://www.tba.org/tba_files/TSC_WCP/bolingjuanita.wpd
STATE OF TENNESSEE v. DARRELL GLEN SMITH CORRECTED OPINION Court:TCCA Attorneys: Edward C. Miller, District Public Defender, for the appellant, Darrell Glen Smith. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Darrell Glen Smith, appeals as of right from his conviction by a jury in the Cocke County Circuit Court for first degree murder. The defendant was sentenced to life imprisonment with the possibility of parole. He contends that (1) the evidence is insufficient to support the jury's rejection of his insanity defense and (2) the trial court erred in failing to grant a new trial due to juror misconduct. We affirm the trial court's judgment of conviction. http://www.tba.org/tba_files/TCCA/smithdarrellglen.wpd
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