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Posted by: Tanja Trezise on Oct 7, 2014

An insurance adjuster was injured when he fell from a ladder after inspecting a roof for his employer. Consistent with a voluntary agreement with his employer, the employee received sick leave payments in lieu of temporary total disability payments. After returning to work for two months, the employee retired. In addition to the employee’s medical records, the parties introduced into evidence the deposition of a physician selected through the Medical Impairment Registry. The physician assigned an impairment of nine percent to the body as a whole.

Posted by: Tanja Trezise on Oct 7, 2014

An employee developed carpal tunnel syndrome while working as a welder and supervisor for his employer. Prior to receiving medical treatment and unrelated to the injury, the employer gave the employee a choice to retire or potentially lose his substantial pension. The trial court held that the Medical Impairment Registry physician’s rating was incorrect and that the statutory one and one-half cap on permanent partial disability benefits did not apply. The employer appealed. After a thorough review of the record, we reverse in part and affirm in part.

Posted by: Tanja Trezise on Oct 7, 2014

An employee fell in the bathroom at her place of employment and reported pain in her right shoulder and hip. She was treated and released by her authorized physician. Approximately five months after the fall, she developed left knee pain. Five more months later, she developed pain her left hip and lower back. The employee’s knee and back conditions ultimately required surgery, but her employer denied that the fall at work caused her conditions. The trial court disagreed and awarded benefits for the knee and back injuries. The employer appealed.

Posted by: Tanja Trezise on Oct 6, 2014

The defendant was indicted for driving under the influence of an intoxicant (“DUI”), DUI per se, simple possession, leaving the scene of an accident, and DUI (second offense) after his vehicle struck a utility pole and small building. The defendant refused law enforcement’s request to test his blood in order to determine his blood alcohol content. The defendant’s blood was taken pursuant to Tennessee Code Annotated section 55-10-406(f)(2) (2012) and without a warrant, despite his refusal to submit to testing.

Posted by: Tanja Trezise on Oct 6, 2014

Land owner applied to the Sumner County Board of Zoning Appeals for a conditional use permit to operate a quarry with accessory asphalt and concrete plants and rock crushing facilities. After a public hearing, the Board denied the application. The land owner filed a petition for a writ of certiorari seeking review of the Board’s decision; the trial court affirmed the Board’s denial. Finding no error, we affirm the decision of the trial court.

Posted by: Tanja Trezise on Oct 6, 2014

This case involves the modification of a parenting plan. The trial court reduced Father’s time with the parties’ children to four hours of supervised time every other weekend. The trial court so limited the Father’s parenting time as a result of his intentional interference with the children’s relationship with Mother. Father appeals the trial court’s modification of the parenting schedule.

Posted by: Tanja Trezise on Oct 3, 2014

The defendant, Allen Dale Spicer, was convicted by a Fayette County Circuit Court jury of aggravated assault with serious bodily injury, a Class C felony. See Tenn. Code Ann. § 39- 13-102(a)(1)(A) (2010). The trial court sentenced the defendant as a Range II, multiple offender to ten years’ confinement and ordered the sentence be served consecutively to the sentence in another case. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) his sentence is excessive. We affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 3, 2014

Appellant, Barry Lamont Price, appeals the denial of his petition for writ of error coram nobis in which he challenged his 1991 guilty plea to three counts of the sale of cocaine, one count of driving on a revoked license, and one count of obtaining money by false pretenses and his effective ten-year sentence. We affirm the judgment of the coram nobis court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.

Posted by: Tanja Trezise on Oct 3, 2014

The defendant appeals the order of the Rutherford County Circuit Court revoking her probation and ordering her to serve the balance of her sentence in confinement. In this appeal, she argues that the trial court erred by ordering her to serve the balance of her sentence. Discerning no error, we affirm.


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