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| Bernard Falcicchio v. Gibson Mechanical Contractors,
W2003-02078-WC-R3-CV
In this appeal, Employee argues that the trial court erred in granting the motion to dismiss filed by Gibson Mechanical Contractors, Inc. and Amerisure Insurance Company. We conclude that the trial court erred granting the motion to dismiss and reverse the judgment of the trial court.
Authoring Judge: Robert L. Childers, Sp.J.
Originating Judge:George H. Brown, Jr., Judge |
Gibson County | Workers Compensation Panel | 10/11/04 | |
| Donna Payton v. Mckenzie Valve and Machining
W2003-02094-WC-R3-CV
In this appeal, Employer argues: (i) that the trial court erred in allowing the testimony of one of Employee's witnesses; (ii) that the evidence preponderates against the trial court's finding that Employee's injury was caused by her employment; and (iii) that the evidence preponderates against the trial court's award of 37.5% permanent partial disability to each arm. We conclude that the evidence fails to preponderate against the trial court's decision to allow the testimony of Employee's witness, the trial court's finding that Employee's injury was caused by her employment, and the trial court's award of 37.5% permanent partial disability to each arm. We, therefore, affirm the judgment of the trial court.
Authoring Judge: Robert L. Childers, Sp.J.
Originating Judge:C. Creed Mcginley, Judge |
Carroll County | Workers Compensation Panel | 10/11/04 | |
| James Arthur Ratledge v. Clifford Hampton
E2003-02323-WC-R3-CV
The plaintiff suffered a tear of the rotator cuff in his right shoulder. The dispositive issue is when did the tear occur? The medical proof revealed that the tear occurred one or two years before the date of injury alleged in the complaint. The trial judge held that the plaintiff failed to prove his case by a preponderance of the proof. The plaintiff appeals, and presents for review the issue of whether he failed to prove that he sustained a compensable injury. Our review is de novo on the record. We presume the judgment is correct unless the evidence preponderates against it. Rule 13(d) Tenn. R. App. P.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Lawrence H. Puckett, Judge |
Knox County | Workers Compensation Panel | 10/01/04 | |
| Wanda Lynch, et al. v. Cf Industries, Inc.
E2003-02166-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. _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a death case. The decedent was diagnosed with mesothelioma, an ultimately fatal disease, but an autopsy revealed that he died of congestive heart failure. Death benefits were not awarded. The surviving widow appeals, claiming that the preponderance of the proof established that her husband died of mesothelioma which was job-related. 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 E. RILEY ANDERSON, J., and ROGER E. THAYER, SP. J., joined. A. Christian Lanier and Jimmy F. Rogers, Chattanooga, Tennessee, attorneys for appellant, Wanda Lynch, individually and as surviving spouse of Louis E. Lynch. Robert J. Uhorchuk, Chattanooga, Tennessee, attorney for appellee, CF Industries, Inc., formerly known as Central Farmers, Inc., and Farmers Chemical Cooperative of Tennessee. MEMORANDUM OPINION This action began as one seeking workers' compensation benefits for mesothelioma. Six months after the complaint was filed, Mr. Lynch died and the complaint was amended appropriately. The defense centered, inter alia, on the issue of the cause of death since an autopsy revealed that Mr. Lynch died of congestive heart failure. Much expert testimony was presented, either in open court or by deposition, including the testimony of Dr. Stanton C. Kessler, a board- certified pathologist. The trial judge filed a detailed opinion setting forth his findings of fact and conclusions of law. One of his findings _ that Mr. Lynch died of congestive heart failure _ is assailed as contrary to the preponderance of the evidence. The dispositive issue on appeal is whether the trial judge erred in concluding that Mr. Lynch's death was not attributable to his employment. The Plaintiff also presents issues involving (1) the refusal of the trial court to impose sanctions for the alleged violation of Rule 26, Tenn. R. Civ. P., (2) the alleged restriction of the cross- examination of one of the Defendant's expert witnesses, and (3) the denial of discretionary costs. The Medical Proof Dr. Yune-Gill Jeong, who is board-certified in internal medicine and pulmonology, testified that he initially saw Mr. Lynch on July 25, 2. His suspicion that Mr. Lynch was suffering from mesothelioma, a malignancy of the lung lining, was confirmed by a biopsy. He `observed' that the disease either caused or contributed to Mr. Lynch's death, and that any heart problem was aggravated by the disease. He twice saw Mr. Lynch and on neither occasion did he find evidence of a heart problem, but believed that Mr. Lynch's complaints of back and chest pain related to the lung disease and not to his heart. He had x-rayed Mr. Lynch on July 25, 2 and saw no evidence of an enlarged heart, although there were arteriosclerotic changes in the aorta. His last examination of Mr. Lynch was about eighteen months before his death. Although he testified that Mr. Lynch died of mesothelioma, he conceded that an autopsy is the accepted medical procedure to determine the cause of death, and that he did not review tissue samples, autopsy photographs or microscopic slides that were available to him. He also conceded that Mr. Lynch could have died from some other cause. Dr. Dwight A. Hamilton, who is board-certified in cardiovascular-thoracic surgery, reviewed an EKG and the medical history of Mr. Lynch which revealed no evidence of heart disease other than arrhythmia. He concluded that Mr. Lynch died of mesothelioma, but conceded on cross-examination that the EKG revealed two electrical conduction problems. Dr. Stanton Kessler performed an autopsy on January 26, 22. He is board- certified and the medical examiner for Hamilton County, and serves on the faculty of Harvard Medical School. Dr. Kessler saw and examined the mesothelioma tumors. He testified that these tumors were not significant or sizable enough to cause death, and were not restricting the lungs to the point where they were incapable of sustaining life, and had not metastasized or spread to any other organ such as the heart, liver, spleen or any other areas. He testified that he found no signs of wasting or cachexia that would be indicative of an individual who died from cancer or mesothelioma, but found substantial evidence that the cause of death was the result of arteriosclerotic cardiovascular disease, or congestive heart failure. According to the pathologist, the internal findings that confirmed death by congestive heart failure included hypertrophied or enlarged heart, enlarged spleen and liver that were consistent with heart failure, and terminal arteriosclerotic disease that included severe stenotic changes in all vessels in the heart. Along with these finding, Dr. Kessler confirmed that his review of treatment medical records of Mr. Lynch within the appropriate year and one-half before death documented abnormal -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:W. Frank Brown III, Chancellor |
Knox County | Workers Compensation Panel | 10/01/04 | |
| Robert Hunley v. Moore's Lumber & Building Supplies, Inc.
E2003-02193-WC-R3-CV
The trial court awarded the employee twelve and one-half (12 1/2) percent permanent disability as a result of a back injury and ruled the award was capped by the two and one-half times the five (5) percent medical impairment because the employee rejected a reasonable offer to return to work. The judgment is affirmed.
Authoring Judge: Roger E. Thayer, Sp. J.
Originating Judge:Daryl R. Fansler, Chancellor |
Knox County | Workers Compensation Panel | 09/30/04 | |
| Melly L. Lee v. Saturn Corporation
M2003-00390-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tennessee Code Annotated section 5-6- 225(2)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this case the trial court found that the employee gave actual notice of her neck injury and that the injury was work related. The employee's award was based on a permanent partial impairment rating of 18%. The employer raises the following issues: 1) Whether the trial court erred in concluding that the union representative had apparent authority to receive notice of employee's work-related injury; 2) Whether the trial court erred in concluding that the employee gave the employer actual notice of her injury; and 3) Whether the trial court erred in concluding that employee's injury was work related. We find no error and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (23 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed RITA L. STOTTS, SP. J., in which ROGER A. PAGE, SP. J., and ADOLPHO A. BIRCH, JR., J., joined. Thomas H. Peebles, IV and Stephen Zralek, Columbia, Tennessee, for the appellant, Saturn Corporation. Larry R. McElhaney, II, Nashville, Tennessee, for the appellee, Melly L. Lee. MEMORANDUM OPINION STANDARD OF REVIEW In Tennessee, appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing Court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Rita L. Stotts, Sp. J.
Originating Judge:J. B. Cox, Judge |
Marshall County | Workers Compensation Panel | 09/27/04 | |
| Jeffrey K. Boyce v. Dab Plumbing, Inc. and Oak River
M2003-01903-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6- 225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends that the trial court erroneously: (1) awarded payment of unauthorized medical expenses, (2) refused to apply the statutory cap allowed by Tenn. Code Ann. _ 5-6-241(a)(1) to the permanent partial disability award, and (3) granted excessive permanent partial disability benefits in light of the employee's vocational factors. The issues turn on witness credibility and findings of fact. The Panel defers to the trial court and finds that the trial court opinion should be affirmed in all respects. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Circuit Court Affirmed. John A. Turnbull, Sp. J., in which Frank F. Drowota, III, Chief Justice, and James L. Weatherford, Sr, Sp. J., joined. Clancy F. Covert and Michael W. Jones, Wimberly Lawson Seale Wright & Daves, Nashville, TN, for the appellants, DAB Plumbing, Inc. and Oak River Insurance Co. Joseph L. Mercer, Nashville, TN, for the appellee, Jeffrey K. Boyce. MEMORANDUM OPINION Facts Jeffrey Boyce ("Jeffrey")1, the appellee, was employed by DAB Plumbing, Inc. ("DAB"), which is owned by his brother David Boyce ("David") and his sister-in-law Debbie Boyce ("Debbie"). Jeffrey was a "plumbers' helper" who carried materials to and from a job site and performed the physical "grunt work" necessary to enable the plumber to do his job. On May 31, 22, Jeffrey injured his back when he stooped to walk under a chain as he returned from the truck carrying materials. Debbie took Jeffrey to the emergency room that day. He was told to return to see another doctor if he was still in pain in a few days. Jeffrey never saw the recommended doctor but instead returned to work. After Jeffrey had returned to work for over three months, he and David had an argument over a personal matter on September 9, 22. Jeffrey claims that David terminated his employment at that time in a fit of anger. David claims that he never terminated Jeffrey's employment, but assumed Jeffrey had quit because he did not return to work. However, on appeal David claims that he did terminate Jeffrey for misconduct (not reporting to work on September 9). At some time following the day of the argument, David retrieved Jeffrey's company truck, which was Jeffrey's only vehicle. Jeffrey claims that he repeatedly told David and Debbie of his continued back pain, although David and Debbie deny being aware that Jeffrey needed to see a doctor. Neither party asserts that Jeffrey directly requested to see a doctor. Jeffrey claims he was afraid to see or request to see a doctor because requesting medical attention would jeopardize his employment. There is no evidence that Jeffrey had any prior medical problems with his back. Debbie testified that a workers' compensation report was filed with the insurance company following Jeffrey's injury. Jeffrey was never contacted by a representative from DAB's insurance company, and DAB did not comply with the Tennessee statute requiring it to furnish Jeffrey with a panel of doctors to consult. Jeffrey was referred to Dr. Walter W. Wheelhouse by his attorney. Dr. 1 The first names of the parties are used throughout this opinion, not out of disrespect for the parties, but to better identify the parties since they all have the same family name.
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. J.B. Cox, Judge |
Bedford County | Workers Compensation Panel | 09/27/04 | |
| Rhonda Cary v. The Local Government Worker's
W2003-02339-WC-R3-CV
The issues presented to the trial court were: (1) whether the employee gave proper notice of her injury to employer pursuant to Tennessee Code Annotated Section 5-6-21 and 22; (2) whether the employee sustained an injury by accident arising out of her employment with defendant on May 1, 2; (3) whether the employee retained any permanent anatomical impairment as a result of the alleged work injury. As discussed below, we affirm the trial court.
Authoring Judge: Allen W. Wallace, Sr.J.
Originating Judge:William Michael Maloan, Chancello |
Obion County | Workers Compensation Panel | 09/22/04 | |
| Michael Ray Hailey v. E. W. James & Sons,
W2003-02499-WC-R3-CV
In this appeal, the Second Injury Fund insists the trial court erred in its apportionment of permanent total disability benefits 35 percent to the employer and 65 percent to the Second Injury Fund. As discussed below, the panel has concluded the judgment of the trial court should be modified by apportioning 1 percent of the disability benefits to the employer and none to the Second Injury Fund.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 09/21/04 | |
| Charlene Jones v. Eagle Bend Manufacturing, Inc.
E2003-00944-WC-R3-CV
The employer asserts that the trial court's judgment of 55 percent disability to the employee's right arm was excessive, and the trial court's conclusion of permanency and 2 percent disability to the employee's left arm was error based upon the preponderance of the evidence. The employee contends this is a frivolous appeal. We conclude the preponderance of the evidence supports the trial court's judgment and that it was not a frivolous appeal.
Authoring Judge: H. David Cate, Sp. J.
Originating Judge:James B. Scott, Judge |
Knox County | Workers Compensation Panel | 09/13/04 | |
| Charles Rodger Wilson v. National Healthcare
M2003-01195-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 5- 6-225(e)(3) for hearing and reporting to the Supreme Court of the findings of fact and conclusions of law. In this appeal, the employer contends that the trial court erred in holding that the employee proved by a preponderance of the evidence that his complaints of mid-back pain were caused by a November 5, 2 work-related accident. The employer also contends that the trial court erred by not holding that the instant case is barred as a result of release language in a December 13, 2 court-approved workers' compensation settlement agreement that concluded a previous claim by this same employee. We find no error and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (23 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed ROGER A. PAGE, SP. J., in which ADOLPHO A. BIRCH, JR., J. and RITA STOTTS, SP. J., joined. M. Bradley Gilmore and Kathleen W. Smith, Nashville, Tennessee for appellant, National Healthcare Corporation. Thomas Jay Martin, Jr., Gallatin, Tennessee, for appellee, Charles Rodger Wilson. MEMORANDUM OPINION STANDARD OF REVIEW The review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code. Ann. _ 5-6-225 (e)(2); Stone v. City of McMinnville, 896 S.W. 2d 548, 55 (Tenn. 1995). This Court is not bound by the trial court's findings, but instead conducts its own independent examination of the record to determine where the preponderance lies. Galloway v. Memphis Drum Serv., 822 S.W. 2d 584, 586 (Tenn. 1981). FACTUAL BACKGROUND Charles Rodger Wilson was forty-seven years old at the time of trial. He had worked primarily as a cook, kitchen manager, and executive chef since graduating from high school. Wilson had two previous workers' compensation claims prior to the November 5, 2 injury. Each of those claims resulted in a court-approved settlement. Wilson was injured on November 5, 2 when a box of frozen food fell on his back while he was inside the employer's walk-in freezer. Wilson was treated at the Middle Tennessee Family Wellness Center by Dr. Michael R. Bernui on several occasions in November, December and January 21. The first office visit with Dr. Bernui was on November 6, 2. The treatment by Dr. Bernui continued until January 1, 21. Wilson was then referred to Dr. Arthur R. Cushman. Wilson saw Dr. Cushman for the first time on February 16, 21. Dr. Cushman treated Wilson approximately six times with the last office visit occurring on March 29, 22. Dr. Cushman and Dr. Bernui did not relate Wilson's mid-back injury to the November 5, 2 accident. However, Dr. Cushman stated in a letter, "We know he had a previous thoracic disc herniation, again that was almost certainly caused by the trauma he described." An independent medical evaluation was performed by Dr. David W. Gaw on November 2, 22. Dr. Gaw has specialized in orthopedics since 1973. He examined all of the medical records concerning the employee's mid-back injury before examining him. Dr. Gaw also read the depositions of Dr. Cushman and Dr. Bernui before examining Wilson. After interviewing and examining Wilson, Dr. Gaw specifically related the mid-back injury to the November 5, 2 accident and gave Wilson a rating of 5% permanent partial impairment to the body as a whole. CAUSATION
Authoring Judge: Roger A. Page, Sp. J.
Originating Judge:Tom E. Gray, Chancellor |
Wilson County | Workers Compensation Panel | 09/07/04 | |
| Michael Ray Wolford v. Ace Trucking, Inc.
W2003-02783-WC-R3-CV
In this appeal, the employee insists the trial court erred in awarding disability benefits based on 1 percent permanent partial disability and seeks an award of permanent total disability benefits. As discussed below, the panel has concluded the judgment should be remanded to the trial court for a determination of whether the trial court intended to award permanent total disability benefits or the maximum allowable award for permanent partial disability benefits.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:C. Creed Mcginley, Judge |
Decatur County | Workers Compensation Panel | 09/01/04 | |
| Betty Jo Sissom v. State of Tennessee Department of Labor
M2003-01605-WC-R3-CV
The employee in this reconsideration case sustained a work-related back injury and previously sustained other work-related and nonwork-related injuries. Although she initially settled for a permanent partial disability award as compensation for her recent back injury and returned to work, she was later discharged due to that back injury. She argues that the trial court erred in not raising her prior permanent partial disability award to an award of permanent total disability. A reconsideration award is limited to 6 times the medical impairment rating due to the subject injury under Tenn. Code Ann. __ 5-6-241(a)(2) and 5-6-241(b), and the trial court's decision within that maximum is supported by the evidence. We affirm the judgment of the trial court.
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. Robert E. Corlew, III, Judge |
Rutherford County | Workers Compensation Panel | 08/31/04 | |
| Samuel F. Sanchez v. Saturn Corp.
M2003-01894-WC-R3-CV
The employee suffered a biceps tendon rupture in the course and scope of his employment. While performing arthroscopic surgery to confirm the existence of a rotator cuff tear, the treating physician performed a resection of the employee's distal clavicle. The employee contends that the trial judge erred in failing to consider any impairment for this resection in the calculation of the employee's vocational disability and therefore rendered an inadequate award. The Panel finds that medical testimony refutes any causal connection between the work-related injury and the clavicle resection. The Panel also concludes that the employee has failed to meet his burden of showing that the resection was reasonably necessary to treat the work-related injury. We affirm the judgment of the trial court.
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. R. E. Lee Davies, Judge |
Williamson County | Workers Compensation Panel | 08/31/04 | |
| David B. Cloninger v. City of Dyersburg, Tennessee,
W2003-01716-SC-WCM-CV
. The Chancellor determined that the employer rebutted the statutory presumption that the employee's stroke arose out of his employment as a police officer, see Tenn. Code Ann. _ 7-51-21(a)(1) (1998), and that the employee failed to establish that the stroke arose out of his employment. After reviewing the record and applicable authority, we conclude that the evidence in the record does not preponderate against the Chancellor's findings. We therefore affirm the judgment.
Authoring Judge: E. Riley Anderson, Justice
Originating Judge:J. Steven Stafford, Chancellor |
Dyer County | Workers Compensation Panel | 08/31/04 | |
| Jimmy Darryl Ingle v. Nissan North America Inc., and Royal and
M2003-01912-WC-R3-CV
Plaintiff contends the Chancellor erred in denying his benefits under the Workers' Compensation Act when the only medical evidence presented after his final work at Nissan demonstrated permanency of injury. The chancellor properly found that the plaintiff has not suffered a permanent anatomical injury and therefore no permanent partial impairment under the Tennessee Worker's Compensation Act. Therefore, the plaintiff is not entitled to any further benefits for vocational disability. We affirm the judgment of the trial court.
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. Robert E. Corlew Iii |
Rutherford County | Workers Compensation Panel | 08/31/04 | |
| William Seale v. Church of God d/b/a Pathway Press
E2003-01559-WC-R3-CV
The trial court found the claim was compensable and ordered the employer to provide medical treatment of total knee surgery. The employer contends the employee's condition was the result of pre-existing condition of arthritis and did not result from the accident. Judgment of the trial court is affirmed.
Authoring Judge: Roger E. Thayer, Sp. J.
Originating Judge:Jerri S. Bryant, Chancellor |
Knox County | Workers Compensation Panel | 08/31/04 | |
| Edwin R. Oliver
W2003-00670-SC-WCM-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. _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of facts and conclusions of law. In this case the trial court held that ProLogis Trust and Steve Graves were employers of the employee, Edwin C. Oliver pursuant to Tenn. Code Ann. _ 5-6-113 and awarded workers' compensation benefits for an injury to his left lower extremity. The sole issue presented for review is whether the defendant ProLogis Trust, at the time of the employee's accident, was the employee's statutory employer as defined by Tenn. Code Ann. _ 5-6-113, and therefore liable for workers' compensation benefits. For the reasons discussed in this opinion, we find that the judgment of the trial court should be reversed as to the defendant, ProLogis Trust Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Reversed JAMES L. WEATHERFORD, SR.J., in which JOE H. WALKER, III, SP.J., and JANICE M. HOLDER, J., joined. John Robert Cannon, Jr., Memphis, Tennessee, for appellant, ProLogis Trust. Clyde W. Keenan, Memphis, Tennessee, for appellee, Edwin R. Oliver, Individually as next friend of Edwin C. Oliver, a minor. MEMORANDUM OPINION ProLogis Trust is a global company that leases, owns and manages industrial buildings. They have approximately 45 buildings in the Memphis - Shelby County area with approximately seven million square feet. At the time the employee was injured, Steve Graves owned a company called ABC Roofing and Tree Service. The name of his company was later changed to ABC Repair because he did not do much tree work anymore. Mr. Graves described his work as cleaning, repair, fix-up and paint- up. An employee of ProLogis described Graves' work as putting up sheetrock, building some type of office, installing carpet, cleaning up the space, cleaning the windows, and pressure washing the inside of a building to get cobwebs down. On July 19, 1999, Plaintiff, Edwin C. Oliver, called Defendant, Steve Graves, and inquired about summer work with Mr. Graves. Mr. Oliver and Mr. Graves had not met before, but they attended the same church. At this time, Mr. Oliver was 17 years of age. Mr. Graves instructed Mr. Oliver to come to a warehouse owned and operated by ProLogis Trust. When Mr. Oliver arrived at the warehouse, Mr. Graves was not there. Mr. Oliver began to sweep floors in the warehouse. When Mr. Graves arrived, Mr. Graves and Mr. Oliver began to straighten concrete poles. The poles were approximately 4 feet tall and 12 inches in diameter. As a pole was being straightened, the pole broke and struck Oliver's left foot, causing injury to his foot. This injury necessitated the amputation of three toes and the tip of the fourth toe. At the conclusion of the proof, the trial court found that ProLogis Trust and Steve Graves were employers of Mr. Oliver pursuant to Tenn. Code Ann. _ 5-6-113.1 The trial court found that Graves had an obligation to provide workers' compensation coverage, which he didn't. Further, the trial court found that ProLogis knew that Graves did not have coverage as required under the contract between ProLogis and Graves, and allowed Graves to work nevertheless. The trial court found that Mr. Oliver suffered a disability of 5 percent to the left lower extremity. ANALYSIS Our review of the findings of fact made by the trial court is de novo upon the record of the 1Tennessee Code Annotated _ 5-6-113 provides in pertinent part: (a) A principal, or intermediate contractor, or subcontracter shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the principal, intermediate contractor, or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer. ........... (d) This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under the principal's control or management. -2-
Authoring Judge: James L. Weatherford, Sr.J.
Originating Judge:John R. Mccarroll, Jr., Judge |
Shelby County | Workers Compensation Panel | 08/31/04 | |
| Charles Webb v. Printpack, Inc.
W2003-02309-SC-WCM-CV
The trial court found that the employee has a fifteen (15%) percent medical impairment rating and has a vocational disability of thirty-five (35%) percent permanent partial disability to the body as a whole. In this appeal, the employer contends the trial court erred in relying upon the expert testimony of Dr. Joseph C. Boals, III, the plaintiff's independent medical examiner, and that the trial court's award was excessive. We agree and reverse the trial court's award. We find the Employee has a twenty-five (25%) percent permanent partial impairment rating to the body as a whole.
Authoring Judge: William B. Acree, Jr., Sp. J.
Originating Judge:James Butler, Chancellor |
Madison County | Workers Compensation Panel | 08/30/04 | |
| Sandra W. Duncan v. State of Tennessee
E2003-01898-WC-R3-CV
The claim of the Appellant for workers' compensation benefits was rejected upon a finding that she was injured as the result of her own misconduct when she became embroiled in an altercation with a fellow employee. We hold that summary judgment is inappropriate and remand the case for a merit trial
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Vance W. Cheek, Jr., Commissioner |
Knox County | Workers Compensation Panel | 08/27/04 | |
| Thomas Newt Moore v. Universal Furniture Limited
E2003-00913-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._ 5-6-225(e)(3) for hearing and reporting to the Supreme Court its findings of fact and conclusions of law. The employer contends the trial court erred in finding circumstantial evidence of permanent physical restrictions on employee's ability to work; and in its determination that the employee sustained a 7 percent permanent partial disability to the body as a whole because it was excessive. We hold that the trial court was not in error in finding circumstantial evidence of permanent physical restrictions on the employee's ability to work, nor was its conclusion that the employee was 7 percent permanently partially disabled to the body as a whole excessive.
Authoring Judge: H. David Cate, Sp. J.
Originating Judge:Richard R. Vance, Judge |
Knox County | Workers Compensation Panel | 08/27/04 | |
| Rachel Stephens v. John Manville International, Inc.
E2003-01068-WC-R3-CV
The trial court awarded the Plaintiff an additional 5 percent for an injury to her left arm for which she had been compensated. This award was supported essentially by the Plaintiff's testimony. She was also awarded benefits for an injury to her right arm and neck. The award for an additional 5 percent to the left arm is vacated. Otherwise, the judgment is affirmed.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Jerri S. Bryant, Chancellor |
Knox County | Workers Compensation Panel | 08/25/04 | |
| Victor Rivera v. Jeld-Wen, Inc.
M2003-01651-WC-R3-CV
In this case, the plaintiff whose arm was amputated as a result of a work-related injury had entered into a settlement agreement with his employer. The plaintiff claims this agreement obligated his employer to pay for an expensive, state-of-the-art myoelectric prosthesis. The trial court agreed and expressly found that the provision of the myoelectric arm was within the reasonable contemplation of the parties at the time of the agreement and compelled the employer to pay for it. The Panel has concluded that the judgment of the trial court should be affirmed.
Authoring Judge: Patricia J. Cottrell, Sp. J.
Originating Judge:John A. Turnbull, Judge |
White County | Workers Compensation Panel | 08/25/04 | |
| Samuel L. Rowe v. Sverdrup Technology, Inc. and
M2003-01467-WC-R3-CV
. In this appeal, the employer contends that the trial court erred by finding by a preponderance of the evidence that the employee's hip replacement surgery and subsequent disability were due to an injury that arose out of his employment. Specifically, the issue is whether the employee's injury resulted from a pre-existing cancerous condition of the right hip. We find no error and affirm the judgment of the trial court.
Authoring Judge: Roger A. Page, Sp. J.
Originating Judge:John E. Rollins, Judge |
Coffee County | Workers Compensation Panel | 08/25/04 | |
| David E. Hunter v. Goodyear Tire and Rubber Company
W2003-02143-WC-R3-CV
In this appeal, the employer insists the award of permanent benefits based on 9 percent permanent partial disability benefits to the right leg is excessive as being against the preponderance of the evidence. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Ron E. Harmon, Chancellor |
Obion County | Workers Compensation Panel | 08/20/04 |