Opinion FlashSeptember 3, 2004Volume 10 — Number 171 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 Jimmy Darryl Ingle v. Nissan North America Inc., and Royal and SunAlliance Insurance Co. Court:TSC - Workers Comp Panel Attorneys: D. Russell Thomas and Herbert M. Schaltegger, Murfreesboro, TN, for the appellant, Jimmy Darryl Ingle. Van French and Larry G. Trail, Trail & Trail, Murfreesboro, TN, for the appellees Nissan North America Inc. and Royal and SunAlliance. Judge: TURNBULL 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 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Plaintiff contends the Chancellor erred in denying his benefits under the Workers' Compensation Act when the only medical evidence presented after his final work at Nissan demonstrated permanency of injury. The chancellor properly found that the plaintiff has not suffered a permanent anatomical injury and therefore no permanent partial impairment under the Tennessee Worker's Compensation Act. Therefore, the plaintiff is not entitled to any further benefits for vocational disability. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/inglejd.wpd SHEILA McALPIN v. THYSSEN KRUPP ELEVATOR MFG., INC. Court:TSC - Workers Comp Panel Attorneys: Gregory D. Jordan and Geoffrey A. Lindley, Jackson, Tennessee, for the appellant, Thyssen Krupp Elevator Manufacturing, Inc. Art D. Wells, Jackson, Tennessee, for the appellee, Sheila McAlpin. Judge: LOSER 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 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer insists the trial court's award of permanent partial disability benefits based on 45 percent to both arms is excessive. As discussed below, the panel has concluded the judgment should be affirmed. http://www.tba.org/tba_files/TSC_WCP/mcalpins.wpd SAMUEL F. SANCHEZ v. SATURN CORP. Court:TSC - Workers Comp Panel Attorneys: Joseph K. Dugman, Richard Ashe House, and A. Allen Smith, III, for the appellant, Samuel F. Sanchez. Clifford Wilson, for the appellee, Saturn Corporation. Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S50-6-225(e)(3). The employee suffered a biceps tendon rupture in the course and scope of his employment. While performing arthroscopic surgery to confirm the existence of a rotator cuff tear, the treating physician performed a resection of the employee's distal clavicle. The employee contends that the trial judge erred in failing to consider any impairment for this resection in the calculation of the employee's vocational disability and therefore rendered an inadequate award. The Panel finds that medical testimony refutes any causal connection between the work-related injury and the clavicle resection. The Panel also concludes that the employee has failed to meet his burden of showing that the resection was reasonably necessary to treat the work-related injury. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/sanchezsamf.wpd BETTY JO SISSOM V. STATE OF TENNESSEE DEPARTMENT OF LABOR WORKERS' COMPENSATION DIVISION SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: William J. Butler, Lafayette, Tennessee, for the appellant, Betty Jo Sissom. Dianne Stamey Dycus, Nashville, Tennessee, for the appellee, Second Injury Fund. Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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. The employee in this reconsideration case sustained a work- related back injury and previously sustained other work-related and nonwork- related injuries. Although she initially settled for a permanent partial disability award as compensation for her recent back injury and returned to work, she was later discharged due to that back injury. She argues that the trial court erred in not raising her prior permanent partial disability award to an award of permanent total disability. A reconsideration award is limited to 6 times the medical impairment rating due to the subject injury under Tenn. Code Ann. __ 50-6- 241(a)(2) and 50-6-241(b), and the trial court's decision within that maximum is supported by the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/sissombj.wpd IN RE: THE ESTATE OF J. D. DAVIS, DECEASED Court:TCA Attorneys: Overton Thompson, III, Nashville, Tennessee, for the appellant, Dorothy L. Davis. Thomas O. Helton and Sheri A. Fox, Chattanooga, Tennessee, for the appellees, J. Douglas Davis and Julie Ann Davis Griffin. Judge: FARMER First Paragraph: The probate court awarded summary judgment to Defendants/Appellees upon determining that, under Florida law, the antenuptial agreement entered into by Plaintiff/Appellant and Deceased was valid and enforceable. On appeal, Plaintiff/Appellant argues that the agreement is not enforceable as a violation of Tennessee public policy and by reason of duress. We reverse the award of summary judgment and remand for further proceedings. http://www.tba.org/tba_files/TCA/davisjdd.wpd GARY KENT GILLUM, SR., v. LAUREN DAVIS GILLUM McDONALD Court:TCA Attorneys: Tim T. Ishii, Nashville, Tennessee, for the appellant, Gary Kent Gillum, Sr. Robert T. Jackson, Gary D. Copas, Nashville, Tennessee and Bryce C. Ruth, Jr., White House, Tennessee, for the appellee, Lauren Davis Gillum McDonald. Judge: CLEMENT First Paragraph: Under Marital Dissolution Agreement Mother and Father "temporarily agreed" to alternate physical custody of child on a week-to-week basis. Five months later Mother filed a petition for change of custody. The trial court awarded physical custody to Mother during the school year and to Father during the summer. Father appeals arguing that the trial court erred (1) by excluding evidence of Mother's conduct before the divorce and (2) by failing to state the reasons and facts on which it based the custody award. We reverse and remand, finding that the trial court erred by excluding evidence of conduct prior to the divorce and by not stating the reasons and facts on which it based its custody decision as required by Tenn. Code Ann. S36-6-101(a)(2)(B)(I). http://www.tba.org/tba_files/TCA/gillumgaryk.wpd STATE OF TENNESSEE v. CALVIN GRISSETTE Court:TCCA Attorneys: Robert L. Marlow, Shelbyville, Tennessee, for the appellant, Calvin Grissette. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Amy Eisenbeck and Pamela Anderson, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Davidson County jury convicted the Defendant, Calvin Grissette, of second degree murder and attempted second degree murder. On appeal, the Defendant contends that the trial court erred when it refused to instruct the jury on self-defense. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/grissettecal.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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