Tennessee Administrative Office of the Courts

We accepted the application for review filed pursuant to Rule 11, Tenn. R. App.P. In these four cases in order to determine whether the fresh-complaint doctrine recently modified in State v. Kendricks 1 applies in cases wherein a child is the victim of abuse. For the reasons below appearing, we hold that the fresh-complaint doctrine does not apply in such cases.

We granted review of the Special Workers' Compensation Appeals Panel decision pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(A), in order to determine, inter alia, whether the provisions contained in Tenn. Code Ann. § 50- 6-241(a)(1) [the multiplier statute], limiting an employee's permanent partial disability award to two and one-half (2½) times the medical impairment rating in cases in which the pre-injury employer returns the employee to employment at awage equal to or greater than the wage the employee was receiving at the time of the injury, apply to injuries involving scheduled members

This defendant was convicted of murder in the perpetration of armed robbery and sentenced to death. On direct appeal this Court affirmed defendant's conviction and remanded the case for resentencing because of erroneous jury instructions.1