Opinion Flash

October 1, 2004
Volume 10 — Number 190

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):

00	New Opinion(s) from the Tennessee Supreme Court
03	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00	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

ROBERT HUNLEY v. MOORE'S LUMBER & BUILDING SUPPLIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

Henry T. Ogle, Knoxville, Tennessee, for Appellant, Robert Hunley.

Victoria J. Pike, Knoxville, Tennessee, for Appellee, Moore's Lumber &
Building Supplies, Inc.

Judge: THAYER

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.  The trial
court awarded the employee twelve and one-half (12 1/2) percent
permanent disability as a result of a back injury and ruled the award
was capped by the two and one-half times the five (5) percent medical
impairment because the employee rejected a reasonable offer to return
to work.  The judgment is affirmed.

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

WANDA LYNCH, ET AL. v. CF INDUSTRIES, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

A. Christian Lanier and Jimmy F. Rogers, Chattanooga, Tennessee,
attorneys for appellant, Wanda Lynch, individually and as surviving
spouse of Louis E. Lynch.

Robert J. Uhorchuk, Chattanooga, Tennessee, attorney for appellee, CF
Industries, Inc., formerly known as Central Farmers, Inc., and Farmers
Chemical Cooperative of Tennessee.

Judge: INMAN

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.  This is a
death case.  The decedent was diagnosed with mesothelioma, an
ultimately fatal disease, but an autopsy revealed that he died of
congestive heart failure.  Death benefits were not awarded.  The
surviving widow appeals, claiming that the preponderance of the proof
established that her husband died of mesothelioma which was
job-related.

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

JAMES ARTHUR RATLEDGE v. CLIFFORD HAMPTON CONSTRUCTION COMPANY, INC.
ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

D. Mitchell Bryant, Cleveland, Tennessee, attorney for appellant,
James Arthur Ratledge.

C. Christopher Brown, Knoxville, Tennessee, attorney for appellees,
Clifford Hampton Construction Company, Inc., and Highlands Insurance
Group.

Judge: INMAN

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.  The
Plaintiff suffered a tear of the rotator cuff in his right shoulder. 
The dispositive issue is when did the tear occur?  The medical proof
revealed that the tear occurred one or two years before the date of
injury alleged in the complaint.

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

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