TBALink Opinion-Flash

February 10, 1997 -- Volume #3 -- Number #018

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
03-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


JESSIE JAMES JONES, JR
vs.
CIGNA INSURANCE COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:  

FOR APPELLANT:                      FOR APPELLEE:

Robert O. Binkley, Jr.              Patrick N. Parker
Bradford Box                        Garrety & Sanders
Rainey, Kizer, Butler,              65 Stonebridge Boulevard
Reviere & Bell                      Jackson, Tennessee 38305
105 S. Highland Avenue                                  
P. O. Box 1147
Jackson Tennessee 38302-1147                        

Judge: Tatum

First Paragraph:

The plaintiff, Jesse James Jones Jr., underwent compensable lumbar
disc herniation and surgery for which he entered into a settlement
agreement with his employer for payment of permanent partial
disability benefits of 40% to the body as a whole in September, 19,
1992.  On May 18, 1992, Plaintiff was injured in a second industrial
accident and suffered a second lumbar disc herniation for which he
underwent a second laminectomy.  The plaintiff recovered a judgment
for the second injury against Cigna Insurance Company in which he was
awarded further workers' compensation benefits based on the finding
that he suffered 55% permanent partial disability to the body as a
whole. AFFIRMED.

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

CARMELLA McCADAMS
vs.
HENRY COUNTY BOARD OF EDUCATION

Court:TSC - Workers Comp Panel

Attorneys:

For Appellant:                      For Appellee:
Russell E. Reviere                  Gary Swayne
Rainey, Kizer, Butler,              Paris, Tennessee
Reviere & Bell 
Jackson, Tennessee                          

Judge: Loser

First Paragraph:

The issue in this appeal is whether the evidence preponderates against
the trial court's award of permanent disability benefits for a claimed
back injury.  This tribunal has concluded the judgment should be
reversed for insufficient evidence of permanency.  Because we do not
reach a second issue, involving the method by which the employee's
average weekly wage is determined, that issue is pretermitted.
REVERSED AND DISMISSED.

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

ALMA J. MILAM
vs.
MCI TELECOMMUNICATIONS  
CORPORATION and GALLAGHER BASSETT SERVICES

Court:TSC - Workers Comp Panel

Attorneys:

FOR APPELLANT:                  FOR APPELLEE:
Marcus Nahon                    Sam L. Crain, Jr.
Marc A. Sorin                   Laurie M. Meehan
5100 Poplar Avenue              130 North Court Avenue
Suite 2500                      Memphis Tennessee 38103 
Memphis, Tennessee 38137                         

Judge: Tatum

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and 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/MILAMMCI_OPN.WP6

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