Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 07/31/2014
Format: 07/31/2014
Susan Renee Wright Williamson v. John Houston Williamson
03A01-9602-DR-00073

In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of  inappropriate marital conduct. The Court awarded the custody of the parties' two minor children to the mother, ordered the father to pay child support and based upo the guidelihes, and in dividing the parties' marital estate  concluded that their home was a gift from the husband's paretns to him alone, and therefore separate property. From this latter determination, the wife has appealed.

 

Court of Appeals 10/01/96
Florine Vandyke v. Plumley Rubber Company and Liberty Mutual Insurance Co.
02S01-9604-CV-00039
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employee's health plan. The panel agrees and reverses the judgment of the trial court. It was stipulated that the employee's total medical expenses totaled $22,278.55. It was further stipulated that the Plaintiff had paid prior to trial $669.29 in out-of-pocket medical expenses. Her remaining medical expenses were paid by Plumley through its group health care plan. The insurance company paid the remainder. The parties further stipulated that Plumley's group health insurance plan did not contain a specific set-off clause for workers' compensation benefits. Plumley is self-insured for group health benefits. This panel holds that under T.C.A. _ 5-6-24 that the employer is responsible for payment of medical expenses and that the employee is not entitled to a judgment against the employer for medical bills which have already been paid. This panel holds that this case is controlled by Bituminous Casualty Corp. v. Smith, 288 S.W.2d, 913, 916 (Tenn. 1956). The judgment of the trial court is reversed and remanded for appropriate action under this decision. The costs are taxed to the Plaintiff/Appellee.
Henry County Workers Compensation Panel 10/01/96
Cooksey vs. Shelley
01A01-9708-CV-00378
Wilson County Court of Appeals 09/30/96
01C01-9506-CR-00184
Davidson County Court of Criminal Appeals 09/30/96
01C01-9507-CC-00242
Coffee County Court of Criminal Appeals 09/30/96
01C01-9507-CC-00242
Coffee County Court of Criminal Appeals 09/30/96
01C01-9510-CC-00342
Coffee County Court of Criminal Appeals 09/30/96
01C01-9510-CC-00342
Coffee County Court of Criminal Appeals 09/30/96
01C01-9512-CC-00420
Hickman County Court of Criminal Appeals 09/30/96
01C01-9512-CC-00420
Hickman County Court of Criminal Appeals 09/30/96
01C01-9512-CR-00399
Sumner County Court of Criminal Appeals 09/30/96
01C01-9512-CR-00399
Sumner County Court of Criminal Appeals 09/30/96
02C01-9505-CC-00147
Gibson County Court of Criminal Appeals 09/30/96
02C01-9505-CC-00147
Gibson County Court of Criminal Appeals 09/30/96
02C01-9506-CC-00172
Lauderdale County Court of Criminal Appeals 09/30/96
02C01-9509-CC-00262
Dyer County Court of Criminal Appeals 09/30/96
02C01-9607-CR-00213
Shelby County Court of Criminal Appeals 09/30/96
02C01-9403-CC-00044
Henderson County Court of Criminal Appeals 09/30/96
02C01-9503-CC-00065
Court of Criminal Appeals 09/30/96
02C01-9503-CC-00256
Court of Criminal Appeals 09/30/96
Michael Eugene Sample v. State of Tennessee
02C01-9505-CR-00131

After a thorough review of the record and authority, we conclude that the trial court erred in dismissing the petitions. The trial court’s judgments are reversed, and these cases are remanded for further proceedings consistent with this opinion.

Shelby County Court of Criminal Appeals 09/30/96
02C01-9506-CC-00170
Henry County Court of Criminal Appeals 09/30/96
02C01-9508-CC-00248
Hardin County Court of Criminal Appeals 09/30/96
02C01-9509-CC-00281
Madison County Court of Criminal Appeals 09/30/96
02C01-9509-CR-00274
Shelby County Court of Criminal Appeals 09/30/96