Senators ask for AG opinion on Knox election

State Sens. Jamie Woodson and Tim Burchett asked the state Attorney General this afternoon to issue an opinion quickly on whether Chancellor Daryl R. Fansler can order a special election to replace a dozen ousted county officials. Fansler booted the officials a week ago after a jury found commissioners violated the state Open Meetings Act when they appointed the 12 officials Jan. 31. Read the Knoxville News Sentinel account.
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Court: TWCA


Aaron S. Guin and Stephen W. Elliot, Nashville, Tennessee, for the appellants, Vought Aircraft Industries and American Home Assurance Company.

Frank F. Buck, Dowelltown, Tennessee for the appellee, Jerry Scott.


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 of findings of fact and conclusions of law. In this case, the trial court found the employee's hearing loss to be compensable, and awarded benefits for ninety percent hearing loss to both ears. The employer has appealed, contending that the trial court erred in reopening the proof and ordering an independent medical examination after the case had been tried and a ruling had been issued. The employer also contends that the trial court erred in finding that the employee's hearing loss was work-related, and that the size of the award is excessive. We hold that the evidence is sufficient to support the trial court's finding on causation, even if the post-trial evidence is not considered, and affirm the amount of the award of permanent partial disability.


Court: TWCA


Daniel C. Todd, Nashville, Tennessee for the Appellant, Johnny Townsend

Elaine M. Youngblood, Nashville, Tennessee for the Appellees, C & GM Urban Electric Service, Inc. and Firstcomp Group


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 of findings of fact and conclusions of law. The court awarded 33% permanent partial disability to the body as a whole. The employee has appealed that ruling, contending that the trial court erred in excluding medical proof concerning a pre-existing disability unrelated to his work injury. The employee further contends that the trial court erred in failing to award permanent total disability benefits. We conclude that the exclusion of the medical evidence was error, but that it did not affect the result of the case. We affirm the judgment of the trial court as to permanent partial disability benefits.


Court: TWCA


Jerry D. Mayo, Nashville, Tennessee, for the Appellant, Virginia LaSalle.

David T. Hooper, Nashville, Tennessee, for the Appellee, Whirlpool Corporation.

Robert Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; Lauren S. Lamberth, Assistant Attorney General, for the appellee, Tennessee Department of Labor and Workforce Development, Workers' Compensation Division, Second Injury Fund.


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 findings of fact and conclusions of law. The employee asserts that the trial court erred in awarding her a 43.75% permanent partial disability, rather than permanent total disability. We agree and therefore reverse the judgment of the trial court and enter judgment to the employee for permanent and total disability. We also conclude that the trial court erred by failing to calculate the disability resulting from the shoulder injury independent of the employee's preexisting back injury. We therefore remand the case to the trial court for further proceedings.


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