Opinion FlashMay 17, 2004Volume 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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