TBALink Opinion-Flash

January 03, 1997 -- Volume #3 -- Number #002

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
00-New Opinions From TSC
00-New Opinions From TSC-Rules
04-New Opinions From TSC-Workers Comp Panel
00-New Opinions From TCA
00-New Opinions From TCCA

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George Dean
TBALink Chief Editor


CONNIE DRENNON
vs. 
WALDENBOOK, INC.

Court:TSC - Workers Comp Panel

Attorneys: 

FOR APPELLANT:                      FOR APPELLEE:

LUTHER E. CANTRELL, JR.             SCOTT DANIEL           
P. O. Box 190609                    401 W. Main St.    
Nashville, TN 37219-0609            P. O. Box 960         
                                    Murfreesboro, TN 37133-0960                         

Judge: RUSSELL

First Paragraph:

This appeal from the judgment of the trial court in a worker's
compensation case 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.  

Connie Drennon was working as a picker and packer for
Waldenbook, Inc. on July 14, 1989 when she experienced a cracking
noise in her neck when pulling boxes off a shelf and her back and legs
began to hurt. She reported this immediately, but the employer
contends that it was not reported to the right person.  However, she
was terminated on July 28, 1989, and on August 7, 1989, the company
nurse was fully advised and completed an Employee's First Report of
Work Injury.

URL:http://www.tba.org/tba_files/TSC_WCP/DRENNON_OPN.WP6
Opinion-Flash

MARY POTTS
vs.
TRIDON, INC. and ROYAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For Appellant:                  For Appellee:

David T. Hooper                 Samuel B. Garner
Hooper & Hooper                 Henry, Henry, Stack, Garner & Speer
Brentwood, Tennessee            Pulaski, Tennessee

Judge: Loser

First Paragraph:

At the time of the trial, the employee or claimant, Potts, was
thirty-six years old.  She possesses a GED and average intelligence. 
She has worked as a sewing machine operator, as a truck driver, in a
convenience market and on an assembly line.  She gradually developed
carpal tunnel syndrome while working on an assembly line at Tridon. 
She has also worked for Tridon as an assistant facilitator.

It is, therefore, ordered that the Panel's findings of fact and
conclusions of law are adopted and affirmed, and the decision of the
Panel is made the judgment of the Court.

URL:http://www.tba.org/tba_files/TSC_WCP/POTTSM_OPN.WP6
Opinion-Flash

EMMA J. TOY
vs.
AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY
and NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH

Court:TSC - Workers Comp Panel

Attorneys:  

For Appellant:                              For Appellee:

Susan West Carey                            Joe P. Binkley, Jr.
James H. Tucker                             Nashville, Tennessee
Manier, Herod, Hollabaugh & Smith
Nashville, Tennessee                        

Judge: Loser

First Paragraph:

The claimant, Ms. Toy, is 56 years old with a high school education
and computer training.  She has worked for National Life since 1957 as
an office assistant.  On July 15, 1991, she slipped and fell, landing
on her backside and suffering immediate and lasting pain.  She has
worked continuously since the accident except for vacations and
holidays.

It is, therefore, ordered that the Panel's findings of fact and
conclusions of law are adopted and affirmed, and the decision of the
Panel is made the judgment of the Court.

URL:http://www.tba.org/tba_files/TSC_WCP/TOYEMMA_OPN.WP6
Opinion-Flash

WILLIAM VALDEZ and MIGUEL PINEDA
vs. 
LANG ENVIRONMENTAL SERVICES
COMPANY and AETNA CASUALTY SURETY COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

For Appellants:                         For Appellees:

Christopher K. Thompson                 Tracy Shaw
Murfreesboro, Tennessee                 Howell & Fisher
                                        Nashville, Tennessee

Judge: Loser

First Paragraph:

In this appeal, the claimants, Valdez and Lang, insist the trial court
erred in awarding a summary judgment to the employer and its insurer. 
As discussed below, the panel concludes the judgment should be
affirmed. The relevant facts are not disputed.  The work performed by
these employee was at various job sites in Tennessee and other states.
As compensation, the employees received an hourly wage and a per diem
allowance for living and traveling expenses.  They were injured in a
one car automobile accident after work on their way home, when the
driver, Valdez, lost control of his car, causing it to leave the road
and overturn.

It is, therefore, ordered that the Panel's findings of fact and
conclusions of law are adopted and affirmed, and the decision of the
Panel is made the judgment of the Court. 

URL:http://www.tba.org/tba_files/TSC_WCP/VALDEZ_OPN.WP6

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