Opinion FlashJuly 20, 2004Volume 10 — Number 138 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 JOSEPH COX v. MCCLANE FOOD SERVICE, INC., ET AL. Court:TSC - Workers Comp Panel Attorneys: Stephen F. Libby, Memphis, Tennessee, for the appellant, Joseph Cox. Lori Keen, Memphis, Tennessee, for the appellees, McClane Food Service, Inc. and AIG Claims Services, Inc. Judge: STANLEY First Paragraph: This workers= compensation appeal has been referred to the Special Workers= Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.' 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a scheduled injury case in which the trial court awarded the Employee a recovery based on a disability rating of five percent (5%) to the Employee's right lower extremity. The Employee appealed. The issue raised on appeal is whether the trial court's findings with regard to the Employee's proper anatomic impairment rating and vocational impairment rating were contrary to the preponderance of the evidence. We remand the case to the trial court for clarification. http://www.tba.org/tba_files/TSC_WCP/coxjos.wpd LENITA OATSVALL V. BAPTIST MEMORIAL HOSPITAL-HUNTINGDON Court:TSC - Workers Comp Panel Attorneys: James L. Kirby and Jeffrey L. Griffin, Memphis, Tennessee, for the appellant, Baptist Memorial Hospital-Huntingdon. Ricky L. Boren, Jackson, Tennessee, for the appellee, Lenita Oatsvall. Judge: ACREE First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn.Code.Ann. S50-6-285 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer, Baptist Memorial Hospital-Huntingdon appeals a judgment awarding the employee benefits based upon a permanent partial impairment of fifty (50%) percent to the body as a whole. The hospital contends that the judgment should be reversed and dismissed because the employee failed to give proper notice of the accident and because her injury was a preexisting condition rather than an injury caused by a job-related accident. Alternatively, the employer insists that the award of fifty (50%) percent permanent partial disability to the body as whole should be modified and reduced. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/oatsvall.wpd SHARON PARKER V. EMERSON ELECTRIC COMPANY Court:TSC - Workers Comp Panel Attorneys: Richard L. Dunlap, III, Paris, Tennessee, for the appellant, Emerson Electric Company. Jeffrey P. Boyd, Jackson, Tennessee, for the appellee, Sharon Parker. Judge: ACREE First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-285 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer contends that the trial court erred in considering the testimony of Dr. Joseph C. Boals, III, and that the award of thirty-five (35%) percent permanent partial disability to the body as a whole was excessive. We find these issues are without merit and affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/parkershar.wpd PATRICIA ALBRIGHT v. LLOYD A. BUTTON, ET AL. WITH CONCURRING OPINION Court:TCA Attorneys: John E. Appman, Jamestown, Tennessee, for the appellants, Lloyd A. Button and Shirley Reno, Co- Executor/Executrix of the Estate of Lloyd A. Button, Deceased. Rex A. Dale and Terry Vann, Loudon, Tennessee, for the appellee, Patricia Albright. Judge: SUSANO First Paragraph: This case involves the construction of a will. Lloyd A. Button, a widower ("the Deceased"), executed his last will and testament on April 1, 2002, while hospitalized at Parkwest Hospital in Knoxville. Under the heading "Conditional Bequest to Patricia Albright," the Deceased left Ms. Albright his Loudon County residence, one of his automobiles, and "all . . . tangible personal property," except the property mentioned in a specific bequest in the will. The Deceased died one week later, on April 8, 2002, having never left the hospital. Ms. Albright sued the personal representatives of the Deceased's estate ("the Personal Representatives") seeking to establish her entitlement to the property left to her in the will. On cross motions for summary judgment, the trial court granted summary judgment to Ms. Albright. The Personal Representatives, who are the Deceased's son and Shirley Reno, a residuary beneficiary under the will, appeal. We reverse and dismiss Ms. Albright's complaint. http://www.tba.org/tba_files/TCA/albrightp_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/albrightp_con.wpd Sale of Register of Deeds Records to Vendor for Resale to Public by Subscription Date: July 19, 2004 Opinion Number: 04-114 http://www.tba.org/tba_files/AG/2004/op114.pdf 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? ... 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