February 11, 2001
Volume 7 -- Number 027

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

FELIPE AGUIRRE v. JAMES and PATSY CHAMBERS, d/b/a BIG C TOMATO FARM,
et al.

Court:TSC - Workers Comp Panel

Attorneys: 

Michael C. Murphy, Morristown, Tennessee, for the appellant, Felipe
Aguirre.

Donald B. Oakley, Morristown, Tennessee, for the appellee, James and
Patsy Chambers, d/b/a Big C Tomato Farm and Wausau Insurance Company.                         

Judge: INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  Plaintiff
Felipe Aguirre suffered the loss and amputation of his arm as a result
of a traffic accident allegedly occurring in the course of his
employment with defendant.  The circuit court found the accident to be
unconnected to his employment and dismissed his suit.  We affirm.

http://www.tba.org/tba_files/TSC_WCP/aguirre.wpd


NIKKI F. NELSON v. MAGNETIC SEPARATION SYSTEMS, INC., and TRAVELERS INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: Peter D. Heil and Michael A. Friedland, Alan Wise, Stillman, Karr, & Wise, Nashville, TN, for the appellant, Nikki F. Nelson Sean Antone Hunt, Spicer, Flynn & Rudstrom, PLLC, Nashville, TN, for the appellees, Magnetic Separation Systems, Inc. and Travelers Insurance Co. Judge: TURNBULL First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The employee contends the Chancellor erroneously: [1] considered as substantive evidence the medical report of Dr. Miller; [2] failed to find her elbow, shoulder, neck and spine disabilities were caused by her work, and therefore [3] rendered an inadequate award. As discussed below, the panel concludes that the parties offered voluminous medical records, including those of Dr. Miller, which were, without objection or limitation, treated by the parties throughout the trial as substantive evidence. The chancellor properly treated those reports as substantive evidence. The panel further concludes the chancellor's decision limiting the award to work-related disability to the hands and wrists is supported by a preponderance of the evidence, and that the award of 20 percent disability to both arms should be affirmed in all respects. http://www.tba.org/tba_files/TSC_WCP/nelsonnikki.wpd
JOHN EDWARD WHITAKER v. LEAR CORPORATION Court:TSC - Workers Comp Panel Attorneys: Steven H. Trent and Jennifer P. Keller, of Johnson City, Tennessee, for the Appellant, Lear Corporation. James M. Davis, of Morristown, Tennessee, for the Appellee, John Edward Whitaker. Judge: THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling awarding appellee-employee 60 percent permanent partial disability to each arm. Appellant argues the award of disability is excessive and should be reduced. Judgment of the trial court is affirmed. http://www.tba.org/tba_files/TSC_WCP/whitaker.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0212.wpd
IN RE: AMENDMENT TO RULE 9, S 20.1 RULES OF THE SUPREME COURT OF TENNESSEE ORDER Court:TSC - Rules Judge: ANDERSON First Paragraph: This matter is before the Court upon the Board of Professional Responsibility's request to increase the annual lawyer registration fee. According to the Board, the present annual fee of $90 was established in 1991 and projected by the Board to cover its expenses through 1996. The Board asserts that an increase in the annual fee is needed to maintain its current activities and to initiate and implement the Client Assistance Program in July of 2001. The Board submits two proposals for the Court's review: 1) increasing the annual fee $105 in 2002 and 2003; or 2) increasing the annual fee to $100 in 2002 and $105 in 2003. http://www.tba.org/tba_files/TSC_Rules/rule9-201.wpd

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