Opinion Flash

May 17, 2004
Volume 10 — Number 095

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):
01 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 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


DONNA KILGORE v. NHC HEALTHCARE

Court:TSC

Attorneys:                          

Paul Campbell, III, Chattanooga, Tennessee, for the Appellant, NHC
Healthcare.

Alexander W. Gothard, Chattanooga, Tennessee, for the Appellee, Donna
Kilgore.

Judge: ANDERSON

First Paragraph:

We granted this appeal to determine whether the Chancellor had
jurisdiction to hear the employee's appeal after diagnostic tests
ordered by her physician were denied by the employer's utilization
review program.  The Chancellor found that the diagnostic tests were
reasonable and necessary and ordered that they be provided by the
employer.  The employer appealed, arguing that the Chancellor did not
have jurisdiction to hear the appeal because the employee's recourse
was limited to review by the Commissioner of Labor and Workforce
Development's utilization review program.  The appeal was argued
before the Special Workers' Compensation Appeals Panel pursuant to
Tennessee Code Annotated section 50-6-225(e)(3), but the appeal was
transferred to the full Supreme Court prior to the Panel issuing its
decision.  After reviewing the record and applicable authority, we
conclude that the Chancellor had jurisdiction to consider the
employee's appeal of the decision to deny diagnostic tests made by the
employer's utilization review program.  We therefore affirm the
judgment.

http://www.tba.org/tba_files/TSC/kilgored.wpd

ROGER B. AMMONS v. JOHN BOUCHARD & SONS CO.; and ASSOCIATED BUILDERS
and CONTRACTORS OF TENNESSEE WORKERS' COMPENSATION SELF-INSURANCE FUND

Court:TSC - Workers Comp Panel

Attorneys:                          

Andreas W. Smith, Allen, Kopet & Associates, PLLC, Chattanooga,
Tennessee, for the Appellant John Bouchard Sons Co., and Associated
Builders and Contractors of Tennessee Workers Compensation Self
Insurance Fund.

Daniel L. Clayton, Kinnard, Clayton & Beveridge, Nashville, Tennessee,
for the Appellee Roger B. Ammons.

Judge: PEOPLES

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6- 225(e)(3) for hearing and
reporting of findings of fact and conclusions of law.  The employer
claims that the trial court erred (1) in the amount of permanent
partial disability awarded, (2) in determining the date permanent
benefits commenced, (3) in awarding discretionary costs, and (4) in
ordering the employer to pay the employee's attorney's fees.  As
modified, we affirm the trial court.

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0517.wpd

DANA BRYAN ELLIS v. SUSAN LYNN ELLIS (JOHNSON)

Court:TCA

Attorneys:                          

Lisa Z. Espy, Chattanooga, Tennessee, for the Appellant Dana Bryan
Ellis.

Marvin Berke, Chattanooga, Tennessee, for the Appellee Susan Lynn
Ellis (Johnson).

Judge: SWINEY

First Paragraph:

Several years after Dana Bryan Ellis ("Father") and Susan Lynn Ellis
(Johnson) ("Mother") were divorced, Mother filed a petition seeking to
increase Father's child support payments.  Father filed a counterclaim
seeking a downward deviation in his child support payments claiming he
was exercising visitation in excess of that contemplated by the Child
Support Guidelines.  After a trial, the Trial Court found Father's
annual gross wages were $80,000 and set current child support payments
based on that amount.  The Trial Court also awarded retroactive child
support to the date the petition for modification was filed and
concluded the retroactive support also should be based on Father's
current salary of $80,000.  The Trial Court denied Father's request
for a downward deviation after concluding it was in the best interests
of the children not to reduce Father's child support payment.  Father
appeals.  We affirm in part, vacate in part, and remand.

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

NISSAN NORTH AMERICA, INC., Successor by Merger to NISSAN MOTOR
MANUFACTURING COMPANY v. LINDA J. HAISLIP, MARSHALL COUNTY ASSESSOR OF
PROPERTY, ET AL.

Court:TCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, and Mary Ellen Knack, Assistant Attorney General,
for the Appellant, State Board of Equalization.

Robert O. Binkley, Sr., Lewisburg, Tennessee, for the Appellants,
Linda J. Haislip, Marshall County Assessor of Property and Marshall
County Board of Equalization.

Martha J. Trammell, Smyrna, Tennessee, Timothy J. Peaden, Mary T.
Benton and Timothy L. Fallaw, Atlanta, Georgia, for the Appellee,
Nissan North America, Inc.

Judge: FARMER

First Paragraph:

The trial court determined that, under Tennessee Code Annotated S
67-5-904, Nissan North America was not liable for ad valorem tax on
personal property owned by Nissan but used by its contractors to make
component parts for Nissan.  We reverse.

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

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