Opinion FlashJune 14, 2004Volume 10 — Number 114 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 ROADWAY EXPRESS, INC. V. BARON JENKINS Court:TSC - Workers Comp Panel Attorneys: David T. Hooper, Brentwood, Tennessee for appellant, Roadway Express, Inc. Peter M. Olson, Clarksville, Tennessee, for appellee, Baron Jenkins Judge: PAGE 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 section 50- 6-225(e)(3) for hearing and reporting to the Supreme Court of the findings of fact and conclusions of law. In this appeal, the employer contends that the trial court erred in holding that the employee proved by a preponderance of the evidence that the aggravation of his pre- existing back condition was caused by a June 23, 1999 work-related accident. The employer also argues that the trial court erred in holding that the employee had proven by a preponderance of the evidence that he suffered a 40% permanent partial disability to the body as a whole as a result of the same work-related accident. The employer has filed a motion requesting that this Court consider post-judgment facts. Specifically, the employer requests that this Court consider the fact that the employee returned to work for the employer during the pendency of this appeal. Under the unique circumstances of this case, we decline to consider the post-judgment facts. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/roadwayvj.wpd WESTERN EXPRESS, INC. V. GIOVANNI ORLANDO Court:TSC - Workers Comp Panel Attorneys: J. Bartlett Quinn, Chattanooga, Tennessee for appellant, Western Express, Inc. James S. Stephens, Manchester, Tennessee, for appellee, Giovanni Orlando Judge: PAGE 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 section 50- 6-225(e)(3) for hearing and reporting to the Supreme Court of the findings of fact and conclusions of law. In this appeal, the employer contends that the trial court erred in adopting the medical opinion of Dr. Richard Fishbein over the opinion of Dr. Todd Bonvallet with respect to permanent medical impairment. The employer also contends that the trial court erred in awarding 26% permanent partial disability. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/westernexpress.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0614.wpd STATE OF TENNESSEE v. MARY MURR TURNER Court:TCCA Attorneys: Susanna L. Thomas, Newport, Tennessee, for the appellant, Mary Murr Turner. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, 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: RILEY First Paragraph: The defendant, Mary Murr Turner, pled guilty to accessory after the fact, and the Cocke County trial court sentenced her to one year incarceration as a Range I standard offender. On appeal, the defendant contends the trial court erred in denying probation. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/turnermary.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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