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Court: TWCA


Jennifer L. Williams, Brentwood, Tennessee, for the appellants, Fidelity & Guaranty Insurance Co. and Convergys Corporation.

William Joseph Butler, Frank Farrar, Lafayette, Tennessee, for the appellee, Debbie Buckingham.

Hal W. Wilkins, Nashville, Tennessee, for the appellee, Kmart Corporation.


This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3). The trial court awarded eighty percent permanent partial disability to each arm, arising from employee's carpal tunnel syndrome. The employer, Convergys Corp., contends that the trial court erred in determining the date of injury, failed to apply the last-injurious-injury rule, and erroneously found that notice was timely. We affirm, as modified, the trial court's judgment.



Court: TWCA


Terry R. Clayton, Nashville, Tennessee, for the appellant, Francois Dextra.

Richard C. Mangelsdorf, Nashville, Tennessee, for the appellee, Western Express, Inc.


This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. A complaint was filed by Francois Dextra in the Circuit Court for Davidson County alleging both a claim based in tort and one appearing to seek workers’ compensation benefits. The trial court dismissed the tort claim and directed the case proceed as a workers’ compensation claim. After more than two years, the case was dismissed by the trial court for failure to prosecute due to the failure of Mr. Dextra to have his case set for trial. On appeal, Mr. Dextra has not asserted that the trial court abused its discretion in dismissing the workers’ compensation claim but alleges the trial court erred by dismissing his tort claim and converting it to one for workers’ compensation benefits. We find no abuse of discretion in the trial court’s dismissal of the case and affirm that judgment. Appellate jurisdiction with regard to the dismissal of Mr. Dextra’s tort claim lies with the Court of Appeals and, pursuant to Rule 17 of the Tennessee Rules of Appellate Procedure, the cause is transferred to that court for appropriate review.


This is a corrected opinion.

Court: TCCA


James E. Swiggett, Pro se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; and Leslie E. Price, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Petitioner, James Swiggett, appeals the summary dismissal of his petition for the writ of habeas corpus. Swiggett is currently serving a sentence of life imprisonment as a result of his conviction for first degree murder. On appeal, he argues that the trial court erred in concluding that his petition failed to state a colorable claim for habeas corpus relief. After review, we affirm the judgment of the Johnson County Criminal Court dismissing the petition.



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Read the transcript of the interview
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Download the 187-page opinion
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The Tennessean has the AP story
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