Cynthia A. Fisher v. Plus Mark, Inc.
E2005-00992-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge Jon Kerry Blackwood
Originating Judge:Judge Benjamin K. Wexler |
Greene County | Workers Compensation Panel | 06/22/06 | |
Susan v. Cespedes v. Sodexho Marriott Services, Inc., et al.
M2005-00284-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Donald P. Harris |
Washington County | Workers Compensation Panel | 06/22/06 | |
Janie Belle Corn v. Hhs and James Farmer, Director, Division of Worker's Compensation, Tennessee Dept. of Labor and Workforce Development
M2004-02319-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225 (e) (3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff has appealed the action of the trial court, which determined that the Plaintiff's cause of action is barred by the statute of limitations and by failure to provide notice timely in accordance with the law. Upon our consideration of all of the evidence, we find that the evidence preponderates in favor of the findings of the trial court, and we affirm.
Authoring Judge: Special Judge Robert E. Corlew
Originating Judge:Judge Thomas W. Graham |
Franklin County | Workers Compensation Panel | 06/21/06 | |
Johnny Collins v. Mid-South Uniform Service, Inc., et al.
M2005-00264-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor John W. Rollins |
Coffee County | Workers Compensation Panel | 06/13/06 | |
Arthur Perry v. Nps Energy Services, Inc., et al.
W2005-00134-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Tennessee Supreme Court of findings of facts and conclusions of law. In this appeal the Appellant/Defendant ("Employer") asserts the trial judge erred in finding the statutory cap of two and one-half multiplier set forth in Tennessee Code Annotated section 50-6-241(a)(1) did not apply, and applying the six times multiplier set forth in Tennessee Code Annotated section 50-6-241(6). Further, Employer alleges that the trial judge erred in finding that Appellee/Plaintiff ("Employee") was unable to make a meaningful return to work as set forth in Tennessee Code Annotated 50-6-241. Employer further avers that the trial judge erred in allowing a co-employee to testify as a rebuttal witness when his testimony did not rebut any testimony given by Employer's proof. We conclude the evidence fails to preponderate against the findings of the trial court, and we affirm the judgment of the trial court.
Authoring Judge: Senior Judge Allen W. Wallace
Originating Judge:Judge D'Army Bailey |
Shelby County | Workers Compensation Panel | 06/12/06 | |
Jeffrey L. Barnett v. City of Murfreesboro
M2005-00275-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the
Authoring Judge: Senior Judge Donald P. Harris
Originating Judge:Judge Royce Taylor |
Rutherford County | Workers Compensation Panel | 06/02/06 | |
Monica D. Perry v. Gap, Inc.
M2004-02525-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The treating specialist found the Employee not to be impaired due to a pinched nerve in her neck, which was resolving. An independent medical examiner [IME] testified that she retained an 8 percent permanent partial disability impairment. The trial judge accepted the opinion of the IME and awarded the Plaintiff 2 percent permanent partial disability. We do not find that the evidence preponderates against the holding of the trial court. Accordingly, the judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed WILLIAM H. INMAN, SR. J., in which CORNELIA A. CLARK, J., joined and ROBERT E. CORLEW III, SP. J., filed a dissenting opinion. Richard C. Mangelsdorf, Jr. and Stephen B. Morton, Nashville, Tennessee, attorneys for Appellant, Gap Inc. William Joseph Butler and E. Guy Holliman, Lafayette, Tennessee, attorneys for Appellee, Monica Perry. MEMORANDUM OPINION The Employee alleged that in February 23 she suffered an injury to her neck and left shoulder, and in July and August 23 she suffered a gradual injury to her left and right hands, wrists and to both arms. She specifically alleged temporary total disability,1 and permanent partial disability, for which she sought workers' compensation benefits. The complaint was answered in course. The Employer disclaimed knowledge of gradually occurring injuries and "demanded strict proof of the Plaintiff's claimed entitlement to benefits" while admitting the occurrence of the February 26, 23 accident. Trial was held August 31, 24. The earlier filed depositions of doctors Thomas Tompkins and Walter Wheelhouse were considered by the trial judge, who, following a brief recess, filed a 24- page memorandum opinion emphasizing the testimony of the Employee and awarding her benefits for 2 percent vocational disability. The Employer appeals, asserting that: (1) the trial court erred in denying the Employer's motion to compel an independent medical exam of the Employee pursuant to Tennessee Code Annotated section 5-6-24(d)(1) and Rule 35.1 of the Tennessee Rules of Civil Procedure; (2) the evidence preponderates against the degree of vocational disability found by the trial court; and (3) the Employee is not entitled to a disability award pursuant to Tennessee Code Annotated section 5- 6-25(a) and the policies behind the Workers' Compensation Act. Appellate review is de novo on the record, accompanied by a presumption that the judgment is correct unless the evidence otherwise preponderates. Tenn. R. App. P. 13(c); Tenn. Code Ann. _ 5-6-225(e); Lollar v. Wal-Mart Stores Inc., 767 S.W.2d 143, 149 (Tenn. 1989). Discussion The Employee is twenty-seven years old, and a single mother of three children. She completed the eighth grade, and has no vocational or occupational skills. She was employed by the Employer when she was eighteen years old. In February 23, she testified that she injured her neck and shoulder during the course of her job in "wand and loading," which she described as loading the trailers with boxes of clothing, ranging in weight from 2 pounds to 5 pounds. She felt a sharp pain in her neck which ran through her shoulder. She was seen and treated by Dr. Tompkins on numerous occasions, but contends that no visit or treatment ever exceeded three minutes. She last saw Dr. Tompkins in August 23, but her pain and numbness continued, interfering with her ability to perform simple household tasks. She never complained at work about her condition. She never mentioned to a supervisor that she was hurting, explaining that if she "said anything she would be put out of work." She earns $13.89 per hour, with health insurance benefits. The Employee takes ibuprofen daily, but admitted she never asked her treating physician for 1 The Employee did not sign the complaint, and it was developed at trial that she lost no time from work, thus negating and refuting this portion of her claim. See Tenn. R. Civ. Pro. 11(3). -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:C. K. Smith, Chancellor |
Perry County | Workers Compensation Panel | 05/31/06 | |
Harlan B. Embry v. United Parcel Service, Inc., Liberty Mutual Fire Insurance Company, and the Administrator of the Tennessee Second Injury Fund
M2004-02395-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Employee has appealed the findings of the trial court, which determined that the Employee is entitled to recover benefits for a permanent partial disability rating of 12.5% apportioned to the right upper extremity and no disability to the left upper extremity, both cubital tunnel injuries. The trial court also found no compensable injury accorded to the Employee's claim for benefits due to his bilateral carpal tunnel syndrome. Further, the Employee appeals from the failure of the trial court to award discretionary costs to him pursuant to the provisions of Rule 54.04 of the Tennessee Rules of Civil Procedure. Finally, the Employee has asked the Panel to consider post-judgment facts and render a decision with regard to interest. We hold that the judgment should be affirmed in part, reversed in part, and remanded.
Authoring Judge: Special Judge Robert E. Corlew
Originating Judge:Chancellor Hon. Richard Dinkins |
Davidson County | Workers Compensation Panel | 05/31/06 | |
Estate of Dennis McFerren v. Infinity Transport, LLC
W2004-02278-SC-WCM-CV
This workers’ compensation appeal has been referred to and heard by the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. We find that the trial court did not have jurisdiction over the defendant in the first lawsuit due to insufficient service of process pursuant to Tennessee Rule of Civil Procedure 4.03. The doctrine of prior suit pending does not apply, and the second lawsuit was not barred. The trial court erred in setting aside the default judgment against the defendant and dismissing the plaintiff’s complaint. Accordingly, we reverse the judgment of the trial court and remand the case to the trial court for reinstatement of the default judgment against the defendant.
Authoring Judge: Special Judge Clayburn Peeples
Originating Judge:Chancellor Arnold Goldin |
Shelby County | Workers Compensation Panel | 05/30/06 | |
Sandra David v. Saturn Corporation
M2004-02104-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Stella L. Hargrove |
Maury County | Workers Compensation Panel | 05/26/06 | |
Jeffrey Dean Bledsoe v. City of Dickson-Department of Police
M2005-00919-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor George C. Sexton |
Bledsoe County | Workers Compensation Panel | 05/25/06 | |
Robert Merrimon v. Bridgestone/Firestone, Inc.
M2003-01978-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor Robert E. Corlew III |
Rutherford County | Workers Compensation Panel | 05/24/06 | |
Deborah Coleman v. Kellogg USA, Inc.
W2005-00771-WC-R3-CV
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 50-6-225(e)(3) for hearing and reporting to the Tennessee Supreme Court of findings of fact and conclusions of law. The trial court granted summary judgment based upon notice, the statute of limitations, and the hernia statute. We find summary judgment in this case was inappropriate, reverse the judgment of the trial court, and remand the case for further proceedings consistent with this opinion.
Authoring Judge: Senior Judge Allen W. Wallace
Originating Judge:Chancellor Walter L. Evans |
Shelby County | Workers Compensation Panel | 05/22/06 | |
Sandra Denise Tomlin v. Federal Reserve Bank of Atlanta/Nashville Branch, et al.
M2005-01401-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge C.L. Rogers |
Sumner County | Workers Compensation Panel | 05/04/06 | |
Stacey Bold v. Sonoco Products Company, et al.
W2004-02956-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Employee has appealed the findings of the trial court, which determined that the Employee's claim was not compensable because she failed to establish a causal connection between her cervical injury and her employment. We conclude that the evidence is sufficient to establish causation. Therefore, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.
Authoring Judge: Special Judge Robert E. Corlew
Originating Judge:Judge Roger A. Page |
Madison County | Workers Compensation Panel | 05/02/06 | |
Danny Conger v. U. S. Food Service, Inc.
W2005-00123-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Employer has appealed the findings of the trial court, which determined that the Employee is entitled to recover permanent partial disability of 55% apportioned to the body as a whole. We conclude that the trial court erred in denying the Employer the right to obtain an independent medical evaluation, and, under the facts of this case, that decision was so prejudicial that it constitutes reversible error. We remand the case to allow the Employer to obtain an independent medical evaluation and for retrial.
Authoring Judge: Special Judge Robert E. Corlew
Originating Judge:Judge C. Creed McGinley |
Carroll County | Workers Compensation Panel | 05/01/06 | |
Bobby R. Bruner v. Odom Construction Systems, Inc.
E2004-02862-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Special Judge Roger E. Thayer
Originating Judge:Judge Wheeler A. Rosenbalm |
Knox County | Workers Compensation Panel | 04/25/06 | |
Robert R. Oates, Sr. v. Pinkerton Government Services, Inc.
E2004-02671-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Special Judge Roger E. Thayer
Originating Judge:Chancellor Howell N. Peoples |
Hamilton County | Workers Compensation Panel | 04/24/06 | |
Royal & Sunalliance v. Richard L. Loyd
M2005-00126-WC-R3-CV
This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Royce Taylor |
Rutherford County | Workers Compensation Panel | 04/19/06 | |
Debra Ann Seybold v. Clarksville Montgomery County School System
M2005-00259-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the
Authoring Judge: Senior Judge Donald P. Harris
Originating Judge:Chancello Carol Catalano |
Montgomery County | Workers Compensation Panel | 04/11/06 | |
Charles Cross v. Norrod Builders, Inc., et al.
M2005-00743-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to order the Employee to submit to a medical examination requested by the Employer, in admitting improper evidence concerning a Form C-32, Standard Form Medical Report for Industrial Injuries (C-32) submitted by the Employer, in failing to consider that C-32, and in awarding to the Employee 75% permanent partial disability to the body as a whole as a result of an injury sustained during the course of his employment with Norrod Builders, Inc. We conclude that the trial court committed no error and the evidence presented does not preponderate against the findings of the trial judge. In accordance with Tennessee Code Annotated §50-6-225(e)(2), the judgment of the trial court is affirmed.
Authoring Judge: Judge Donald P. Harris
Originating Judge:Judge John Maddux |
Putnam County | Workers Compensation Panel | 04/11/06 | |
Cora Jean Earls v. Sompo Japan Ins. Co. of America, et al.
M2004-02223-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the
Authoring Judge: Senior Judge Donald P. Harris
Originating Judge:Chancellor Larry B. Stanley, Jr. |
Warren County | Workers Compensation Panel | 04/11/06 | |
Lee Franklin Grace v. Kehe Food Distributors, Inc.
E2005-0064-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded plaintiff seventy-five (75) percent permanent, partial vocational disability to the left leg. On appeal, the employer contends that the employee's injury was not work related and therefore not compensable. The employer also contends that benefits should be denied because the Plaintiff failed to provide the requisite notice of injury to the employer and that the action was not timely filed within the applicable statute of limitations. We affirm the judgment of the trial court.
Authoring Judge: Special Judge Thomas R. Frierson, II
Originating Judge:Chancellor Frank V. Williams, III |
Roane County | Workers Compensation Panel | 03/29/06 | |
Karam Hanna v. Gaylord Entertainment Company
M2004-00413-WC-R3-CV
This is an appeal from the dismissal of a workers' compensation claim for failure to prosecute and to abide by the orders of the trial court with regard to setting the case for hearing. The employee filed a motion to alter or amend the dismissal order which was denied by the trial court. The employee appealed. Finding no abuse of discretion on part of the trial court, we affirm the dismissal.
Authoring Judge: Senior Judge Donald P. Harris
Originating Judge:Judge Barbara Haynes |
Davidson County | Workers Compensation Panel | 03/29/06 | |
Elizabeth Northern v. Sonoco Products Company
W2004-02538-WC-R3-CV
This is a workers' compensation appeal referred to and heard by the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant contends that the trial court erred in awarding the plaintiff a 25% permanent partial disability rating to both arms for bilateral carpal tunnel syndrome and right trigger thumb and ring finger. We disagree and therefore affirm the judgment of the trial court.
Authoring Judge: Special Judge Clayburn Peeples
Originating Judge:Chancellor James F. Butler |
Madison County | Workers Compensation Panel | 03/22/06 |