WANDA ELY v. DEROYAL INDUSTRIES, INC., and DINA TOBIN, DIRECTOR OF THE
DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR,
SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
David H. Dunaway, Lafollette, Tennessee for the Appellant, Wanda Ely
James T. Shea, IV, Knoxville, Tennessee for the Appellee, DeRoyal
Industries, Inc.
Paul G. Summers, Attorney General and Reporter, Richard M. Murrell,
Assistant Attorney General, Nashville, Tennessee for Appellee, Second
Injury Fund
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 trial court
found the employee failed to prove her claims of occupational disease
or aggravation of pre-existing condition. We affirm.
http://www.tba.org/tba_files/TSC_WCP/2005/elyw42905.pdf
MARGIE PILLERS v. JOSTEN'S PRINTING & PUBLISHING and
TRAVELERSINSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Daniel C. Todd, Todd & Floyd, PLC, Nashville, TN, for the appellant,
Margie Pillers.
Lee Anne Murray, Feeney & Murray, P.C., Nashville, TN, for the
appellees, Josten's Printing & Publishing and Travelers Insurance
Company.
Judge: SCOTT
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 to the Supreme Court of findings of fact and conclusions of
law. In this appeal, the injured employee insists the award of
twenty-five percent vocational disability to the body as a whole,
based on a ten percent permanent medical impairment rating offered by
the treating physician, is inadequate. The employee contends that the
trial court erred in setting the impairment rating at ten percent and
that the evidence preponderates for a finding of twenty-five percent
medical impairment rating, subject to a multiplier of two and
one-half. We hold that the evidence does not preponderate against the
trial court's findings as to the extent of anatomical and vocational
disability. Accordingly, the judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TSC_WCP/2005/pillersm42905.pdf
ROBERT WARNER v. BARNEY POTTS d/b/a POTTS ROOFING and REALM NATIONAL
INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Steve C. Norris, Mayo, Norris, & Carpenter, Nashville, TN, for the
appellant, Robert Warner.
D. Brett Burrow and Jason A. Lee, Brewer, Krause, & Brooks, Nashville,
TN, for the appellees, Barney Potts d/b/a Potts Roofing and Realm
National Insurance Company.
Judge: SCOTT
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated S 50-6-225(e)(3) for hearing and reporting of findings of
fact and conclusions of law. In determining whether the appellant was
an employee or an independent contractor, the trial court evaluated
the factors listed in Tenn. Code Ann. S 50-6-102(10) distinguishing
between employees and independent contractors and considered the
evidence to be inconclusive. The trial court based its determination
of independent contractor status on a Form I-18, Election of
Non-Coverage by Sub-Contractor, filed by the appellate almost two
years prior to the accident. The appellant contends that the trial
court erred by determining he was an independent contractor. For the
reasons set forth below, we reverse the holding of the trial court and
remand for a determination of degree of disability.
http://www.tba.org/tba_files/TSC_WCP/2005/warnerr42905.pdf
WILLIAM T. TERRELL and MARTHA M. TERRELL, v. UNITED VAN LINES, INC.,
KWICK-WAY TRANSPORTATION COMPANY, and VANLINER INSURANCE CO.
Court:TCA
Attorneys:
William T. Terrell, Knoxville, Tennessee, for appellants.
Louis Andrew McElroy II, Knoxville, Tennessee, for appellees.
Judge: FRANKS
First Paragraph:
The Trial Court entered Judgment for plaintiffs for damages, but
refused to permit plaintiffs to amend the complaint to claim
defendants violated the Consumer Protection Act, and disallowed
plaintiffs' Rule 11, Tenn. R. Civ. P. Motion for Sanctions. On appeal,
we affirm.
http://www.tba.org/tba_files/TCA/2005/terrellw42905.pdf
With Concurring Opinion
http://www.tba.org/tba_files/TCA/2005/terrellw42905_con.pdf
WYLIE STEEL FABRICATORS, INC. v. RUTH E. JOHNSON, COMMISSIONER OF
REVENUE FOR THE STATE OF TENNESSEE
Court:TCA
Attorneys:
Gerald B. Kirksey, Timothy H. Nichols, Brentwood, TN, for Appellant
Paul G. Summers, Attorney General and Reporter, Wyla M. Posey,
Assistant Attorney General, Nashville, TN, for Appellee
Judge: KILCREASE
First Paragraph:
This appeal involves a sales and use tax assessment issued by the
Tennessee Department of Revenue against a taxpayer engaged in the
business of fabricating steel products for use in various structures.
The taxpayer obtained purchase orders from three churches for raw
materials to be used in the fabrication of steel products which were
to be incorporated into the churches then under construction. The
taxpayer secured the raw materials, fabricated the steel products, and
installed them in the churches. The taxpayer did not pay sales or use
tax on any of the raw materials used in the fabrication process. The
department subsequently audited the taxpayer and assessed a tax
liability for taxes owed on the materials. The taxpayer paid the
amount assessed and filed suit in the chancery court to contest the
assessment. Specifically, the taxpayer asserted that it was entitled
to an exemption under section 67-6-209(b) of the Tennessee Code. After
both parties filed crossmotions for summary judgment, the chancery
court granted the department's motion and denied the taxpayer's
motion. We affirm in part, reverse in part, and remand this case to
the trial court for further proceedings consistent with this opinion.
http://www.tba.org/tba_files/TCA/2005/wyliesteel42905.pdf
STATE OF TENNESSEE v. LEON JAMES ANDERSON
Court:TCCA
Attorneys:
G. Kline Preston, IV, Nashville, Tennessee, for the appellant, Leon
James Anderson.
Paul G.Summers, Attorney General & Reporter; John H.Bledsoe, Assistant
Attorney General; Ron Davis, District Attorney General, and Georgia
Felner, Assistant District Attorney General, for the appellee, State
of Tennessee.
Judge: EASTER
First Paragraph:
The appellant, Leon James Anderson, was indicted bythe
WilliamsonCounty Grand Jury for driving under the influence ("DUI"),
speeding, driving with a revoked license, and fourth offense DUI. The
appellant was convicted by a jury on the first three counts, and
waived his right to a jury for the fourth offense DUI charge. The
trial court found the appellant guilty of fourth offense DUI. The
appellant was sentenced by the trial court to two (2) years for the
driving under the influence fourth offense, thirty days for speeding,
and six months for driving on a revoked license, all to be served
concurrently. After the denial of a motion for new trial, this appeal
ensued. On appeal, the appellant challenges the sufficiency of the
evidence and contends his sentence is excessive. Because the evidence
is sufficient to support the convictions and the sentence is not
excessive, we affirm the judgment of the trial court. However, we
remand the matter to the trial court for the limited purpose of
correcting errors in some of the judgments.
http://www.tba.org/tba_files/TCCA/2005/andersonl42905.pdf
STATE OF TENNESSEE v. LYLE VAN ULZEN AND BILLY J. COFFELT
Court:TCCA
Attorneys:
Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Lyle Van
Ulzen. Larry B. Hoover, Nashville, Tennessee, for the appellant, Billy
J. Coffelt.
Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Kathy Morante, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WYATT
First Paragraph:
The defendants, inmates at Riverbend Penitentiary, successfully
temporarily escaped from custody while being transported to a court
appearance. At trial, Defendant Van Ulzen was convicted of two counts
of aggravated robbery (Class B felony), two counts of aggravated
assault (Class C felony), four counts of false imprisonment
(misdemeanor), one count of theft (misdemeanor), and pled guilty to
one count of felony escape (Class E felony). Defendant Coffelt was
convicted of one count of aggravated assault (Class C felony), three
counts of theft (misdemeanor), four counts of false imprisonment
(misdemeanor), and one count of felony escape (Class E felony). On
appeal, Defendant Van Ulzen appeals his convictions and sentence.
Defendant Coffelt appeals aspects of his convictions. Upon review of
Defendant Van Ulzen's appeal, we reverse and dismiss one count of
aggravated assault as violative of double jeopardy. Allother
convictions and judgments as to both defendants are affirmed. We
remand for correction of judgments as to Defendant Coffelt.
http://www.tba.org/tba_files/TCCA/2005/vanulzenl42905.pdf
STATE OF TENNESSEE v. JOSEPH VERMEAL
Court:TCCA
Attorneys:
Rick L. Stacy (at trial and on appeal) and Lisa Zavogiannis (at
trial), McMinnville, Tennessee, for the appellant, Joseph Vermeal.
Paul G.Summers, Attorney General and Reporter; Elizabeth B.Marney,
Assistant Attorney General; Dale Potter, District Attorney General;
and Thomas Miner, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: STANLEY
First Paragraph:
The appellant, Joseph Vermeal, was convicted by a jury in the Warren
County Circuit Court of aggravated sexual battery and was sentenced to
nine years incarceration in the Tennessee Department of Correction. On
appeal, the appellant alleges that the evidence was insufficient to
support his conviction, and he contends that the trial court erred in
refusing to permit his expert witness to testify. Upon our review of
the record and the parties' briefs, we affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/2005/vermealj42905.pdf
Validity of Pending Legislation Allowing Local Governments to Impose
Fees on Federal Facilities Related to Storage and Disposal of Solid
and Radioactive Waste
Date: April 27, 2005
Opinion Number: 05-060
http://www.tba.org/tba_files/AG/2005/OP60.pdf
Expanding Jurisdiction of Municipal Courts
Date: April 27, 2005
Opinion Number: 05-061
http://www.tba.org/tba_files/AG/2005/OP61.pdf
General Sessions Judge on State Election Commission
Date: April 27, 2005
Opinion Number: 05-062
http://www.tba.org/tba_files/AG/2005/OP62.pdf
Constitutionality of Senate Joint Resolution 105 and House Joint
Resolution 122
Date: April 27, 2005
Opinion Number: 05-063
http://www.tba.org/tba_files/AG/2005/OP63.pdf
No Child Left Behind -- Additional Requirements for Licensed Teachers
Date: April 27, 2005
Opinion Number: 05-065
http://www.tba.org/tba_files/AG/2005/OP65.pdf
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