Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 08/02/2015
Format: 08/02/2015
Mary W. Scott v. Kenny Pipe & Supply, Inc., et al.
01S01-9607-CV-00140
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The only issue raised in this appeal is whether the evidence supports the trial court's award of permanent partial disability. We conclude that it does and affirm the decision. The plaintiff, Mary W. Scott, a then fifty-six-year-old clerical worker, injured herself in September 1992 when she fell because the back of her secretarial chair came off. She came under the care of Dr. Greg Lanford, a neurosurgeon. He hospitalized her for a few days and then treated her conservatively. She returned to work for several months and then left her job, but there is no explanation in the record as to the cause of her termination. Dr. Lanford had treated the plaintiff before for the same condition. In fact, he operated on her back in October 1991 to attempt to repair degenerative changes in discs C3 through C7. Following that surgery, the plaintiff returned to work. The employer's argument is straightforward. The plaintiff's condition was no worse after the fall than it was before the fall. Dr. Lanford found the plaintiff to be in about the same condition after the fall as she was before the fall. When asked to compare the plaintiff's condition on July 3, 1992 - the last time he saw her before her work injury - to her condition on August 3, 1993 - the last time he saw her after the work injury - the doctor responded: "I really don't see a lot of difference in the two visits." Dr. Lanford concluded that she had a 14% impairment before the fall and a 14% impairment after the fall. -2-
Scott County Workers Compensation Panel 04/25/97
Transportation Insurance Co., et al. v. Clayton B. Rees
01S01-9606-CV-00123
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. This case presents the question of whether an employee's possession or business use of a portable telephone converts an otherwise noncompensable injury into a compensable one. We conclude that it does not and affirm the trial court's denial of benefits. The employee, Clayton Rees, had been employed by Rock Harbor Marina in Nashville for only four weeks when he was injured while driving to work. He was a commission boat salesman. Rock Harbor paid Rees a draw against future commissions, but at the time of the injury, he had yet to sell a boat for Rock Harbor. Rees lived in Tullahoma, about equal distance between Nashville where he worked and Chattanooga where his fianc_ lived. On the morning of March 12, 1994, while commuting to work from Tullahoma to Nashville in his own truck, Rees was injured in a vehicle collision on US 231 just north of Shelbyville. A drunk driver caused the collision. To be covered by workers' compensation, the injury must arise out of and in the course and scope of employment. Tenn. Code Ann. _ 5-6-13. An injury sustained en route to or from work is not considered in the course of employment. Lollar v. Wal-Mart Stores, Inc. 767 S.W.2d 143, 144 (Tenn. 1989). There are exceptions to this rule, such as when the employee is on the employer's premises, Id. 15, but none of the exceptions apply here. Rees seeks to avoid this firm and long-standing rule because he had a portable telephone with him on his commute and, according to him, was -2-
Davidson County Workers Compensation Panel 04/25/97
State vs. Bobby Nash
01C01-9409-CR-00330
Davidson County Court of Criminal Appeals 04/24/97
Joseph Veres vs. State
01C01-9602-CC-00070
Putnam County Court of Criminal Appeals 04/24/97
Roosevelt Smith vs. State
01C01-9604-CR-00135
Davidson County Court of Criminal Appeals 04/24/97
Kenny Covington vs. State
01C01-9604-CR-00149
Davidson County Court of Criminal Appeals 04/24/97
Jackie Childs vs. State
01C01-9604-CR-00164
Davidson County Court of Criminal Appeals 04/24/97
State vs. Jeffery Rigney and Herman Hale
01C01-9605-CC-00212
Coffee County Court of Criminal Appeals 04/24/97
William Tollett vs. State
01C01-9605-CR-00180
Davidson County Court of Criminal Appeals 04/24/97
Steve Bryant vs. State
01C01-9605-CR-00190
Davidson County Court of Criminal Appeals 04/24/97
State vs. William Posey
01C01-9605-CR-00214
Davidson County Court of Criminal Appeals 04/24/97
01C01-9612-CC-00521
Grundy County Court of Criminal Appeals 04/24/97
William Newton vs. James Cox
02A01-9604-CH-00086
Shelby County Court of Appeals 04/24/97
State vs. Skidmore
03C01-9502-CR-00039
Blount County Court of Criminal Appeals 04/24/97
State vs. Callahan
03C01-9507-CC-00203
Sullivan County Court of Criminal Appeals 04/24/97
State vs. Callahan
03C01-9507-CC-00203
Sullivan County Court of Appeals 04/24/97
X2010-0000-XX-X00-XX
Court of Appeals 04/24/97
State of Tennessee v. Nathan Allen Callahan
03C01-9507-CC-00203
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Nathan Allen Callahan, was convicted by a Sullivan County jury of one count of first-degree murder and one count of second-degree murder, respectively, for the shooting deaths of his mother and younger sister. The jury set punishment for the first-degree murder conviction at life imprisonment and fined the Defendant $47,. for the count of second- degree murder. The trial court ordered twenty-two years imprisonment on the conviction for second-degree murder to be served concurrently with the life sentence.
Sullivan County Workers Compensation Panel 04/24/97
Carolyn Marie Drake v. David Carl Drake
03A01-9610-CV-00312
Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response2 to the petition filed, following an abbreviated trial. On appeal, respondent insists the Trial Court did not have jurisdiction pursuant to Tennessee Code Annotated _36-3-61, et seq., or that the Court refused to permit respondent to present his evidence.
Hamilton County Workers Compensation Panel 04/24/97
John Kohl & Co., et. al. vs. Dearborn & Ewing
01A01-9609-CV-00421
Davidson County Court of Appeals 04/23/97
United Brake Systems vs. American Environmental Protection
01A01-9610-CH-00448
Davidson County Court of Appeals 04/23/97
Allstate Life Ins. vs. Barber, et. al.
01A01-9611-CH-00504
Davidson County Court of Appeals 04/23/97
Blue Cross Blue Shield vs. City of Lawrenceburg
01A01-9611-CV-00526
Lawrence County Court of Appeals 04/23/97
Janet Wolf & Gerald Bowker vs. Ned Ray McWherter
01A01-9505-CV-00209
Davidson County Court of Appeals 04/23/97
National Loans, Inc. vs. TN. Dept. of Financial Institutions
01A01-9506-CH-00241
Davidson County Court of Appeals 04/23/97