Please enter some keywords to search.
| Philips Consumer Electronics Company v. Kathy A.
E2000-00791-WC-R3-CV
This workers' compensation suit was instituted by the employer. The trial judge found the employer should pay all medical care necessary for the treatment of an injury at work, that no temporary total benefits were owed, and that the employee suffered no permanent disability. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Dale C. Workman, Judge |
Knox County | Workers Compensation Panel | 04/02/01 | |
| Jennifer Mcgarity v. Tecumseh Products Company, et al.
W1999-01704-WC-R3-CV
Defendant Tecumseh Products Company appeals the judgment of the Circuit Court of Henry County awarding plaintiff permanent partial disability asserting error as to issues of notice, statute of limitations, and causation. For the reasons stated in the opinion We affirm the judgment of the trial court.
Authoring Judge: Henry D. Bell, Sp. J.
Originating Judge:Hon. C. Creed Mcginley, Judge |
Henry County | Workers Compensation Panel | 04/02/01 | |
| Kitty Lou Kimbro v. Ferro Corporation
M2000-00400-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) (1999) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Ferro Corporation raises three issues on appeal, arguing that the trial court erred in (1) finding that the plaintiff had suffered a permanent injuryto the left upper extremity, (2) finding a 1 percent anatomical impairment to the left upper extremity, and (3) assessing awards of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. On review, the Panel concludes that the evidence does not preponderate against the trial court's finding of a permanent injury to the left upper extremity. Furthermore, though we conclude that the trial court's finding of 1 percent anatomical impairment to the left upper extremity was excessive, we nonetheless hold that the evidence does not preponderate against the trial court's awards of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Affirmed CAROL CATALANO, Sp. J., in which ADOLPHO A. BIRCH, JR., J., and JAMES L. WEATHERFORD, Sr. J., joined. Jill A. Hanson, Nashville, Tennessee, for the appellant, Ferro Corporation. Susan K. Bradley, Murfreesboro, Tennessee, for the appellee, Kitty Lou Kimbro. MEMORANDUM OPINION I. Facts and Procedural History Kitty Lou Kimbro,1 the plaintiff, began working for Ferro Corporation (Ferro),the defendant, in July 1987. Except for a two-year layoff which ended in 1993,2 she was employed by Ferro continuously. During her employment with Ferro, Kimbro occupied a variety of positions, working as a smelter operator, running machines in Ferro's milling department, and mixing, weighing, and packaging raw materials. Many of these tasks involved strenuous lifting of boxes and bags of materials. At some point while working in the milling department, Kimbro noticed that she was experiencing pain in her hands. In February 1998, Kimbro reported this pain to Ferro. Initially, Kimbro was treated conservatively for her injuries, but eventually she was referred to Joseph Weick, M.D., who performed a surgical "carpal tunnel release" on her right arm. Kimbro returned to work for Ferro on light duty the day after her surgery. Subsequently, Kimbro transferred to Ferro's "lab" department, where she worked full time and without restrictions, though she still experienced pain to her hands while writing and while operating air hoses used in the lab. During this time, Kimbro complained to Weick on numerous occasions that she was having difficulty with her grip strength and with controlling her thumb. Kimbro continued to work for Ferro for approximately nine months before she was terminated.3 At trial, Kimbro testified that she continued to have pain in the edges of her hands, through her thumbs and down the sides of her palms, and she also had symptoms of numbness and problems gripping. Kimbro also presented the deposition testimony of orthopedic surgeon Richard Fishbein, M.D., who assigned Kimbro an anatomical impairment rating of 5 percent to the left upper extremity and 12 percent to the right upper extremity. Ferro, on the other hand, presented the deposition testimony of Wieck, who assigned Kimbro an anatomical impairment rating of 5 percent to the right upper extremity, but no impairment rating to the left upper extremity. Wieck, however, conceded that he did not evaluate her left extremity in determining impairment. The trial court concluded that Kimbro had suffered a permanent vocational disability resulting from bilateral carpal tunnel syndrome, and it awarded Kimbro benefits based on findings of 45 percent permanent partial disability to the right upper extremity and 3 percent permanent partial disability to the left upper extremity. Ferro appealed, asserting that the trial court erred in (1) finding permanent injury to the left upper extremity; (2) finding a 1 percent anatomical impairment to the left upper extremity; and (3) assessing permanent partial disability awards of 45 percent to the 1At trial, Kimbro testified that she was forty years old and has obtained her GED. 2During the period in which she was laid off from Ferro, Kimbro worked in various jobs as a dock worker, waitress, and cashier. 3In her brief, Kimb ro intimates that she was wron gfully terminated because she was "fired . . . after giving her deposition in this workers' co mpensatio n action." Fe rro maintains that she was term inated for "atten dance rea sons." The allegatio n that Kimbro was fired wrongfully, however, is not part of the action before the Panel and will not be addressed. -2-
Authoring Judge: Carol Catalano, Sp. J.
Originating Judge:J. O. Bond, Judge |
Wilson County | Workers Compensation Panel | 03/30/01 | |
| Jesus M. Parra v. Rieth-Riley Construction Co.,
W1999-00419-WC-R3-CV
The trial judge found the plaintiff, Jesus M. Parra, suffered an 8 percent permanent partial disability to the right foot. The defendants, Rieth-Riley Construction Company and Zurich-American Insurance Group, contend the evidence does not support the award and further say the injury was limited to two toes rather than to the foot. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Robert L. Childers, Judge |
Shelby County | Workers Compensation Panel | 03/30/01 | |
| Doretha Currie v. Kaiser Aluminum & Chemical
W1999-00821-WC-R3-CV
The appellant presents the following issues for review: (1) Whether the trial court erred in finding that plaintiff sustained permanent partial disability as a result of a work-related injury on August 16, 1997; and (2) Whether the trial court's award of 35 percent permanent partial disability to the left arm was supported by a preponderance of the evidence. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: Wil V. Doran, Sp. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 03/29/01 | |
| Carolyn Sue Moore v. Wal-Mart Stores, Inc.
W2000-00719-WC-R3-CV
The employer contends this claim is time barred by the statute of limitations and notice provisions and that the award to the workers' scheduled member was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed in all respects.
Authoring Judge: C. Creed Mcginley, Sp. J.
Originating Judge:Robert L. Childers, Judge By Interchange |
Moore County | Workers Compensation Panel | 03/29/01 | |
| Sandra G. Jackson v. Goodyear Tire & Rubber Company
W1999-01691-WC-R3-CV
The trial court determined that the plaintiff had suffered a 2% permanent partial disability to her right arm and a 3% permanent partial disability to her left arm as the result of bilateral carpal tunnel syndrome. The defendant submits that the awards are excessive and that the testimony of the independent medical evaluator should be disallowed due to his failure to utilize the AMA Guidelines in determining grip strength loss. For the following reasons, we disallow that portion of the independent medical evaluator's testimony dealing with grip strength loss but affirm the trial court's award of vocational disability.
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 03/29/01 | |
| Gaf Building Materials v. Bobby R. George
M2000-00951-WC-R3-CV
In this appeal, the employer insists the trial court erred in the finding that the employee's carpal tunnel syndrome is causally related to the employment and that the award of permanent partial disability benefits is excessive. The employee insists the trial court erred in not awarding medical expenses. As discussed below, the panel has concluded the judgment should be modified and, as modified, affirmed.
Authoring Judge: Joe C. Loser, Sp. J.
Originating Judge:Carol L. Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 03/26/01 | |
| Colonial Baking Com Pany v. Clayton Barrett
M1999-02276-WC-R3-CV
A court-approved settlement limited the employee to authorized, reasonable and necessary medical expenses resulting from the employee's injuries for a period of two years from the settlement. The employee appeals the trial court's denial of his Motion for Relief from Order seeking relief from the order approving the settlement, pursuant to Rule 6.2, of the Tennessee Rules of Civil Procedure. We affirm the trial court and dismiss the appeal.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Clay County | Workers Compensation Panel | 03/19/01 | |
| Chad Conatser v. Metro Ready Mix,
M2005-00814-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 Plaintiff alleged a cervical injury apparently owing to two separate events, including an injury sustained while exercising on the job, and another injury occurring when the truck he was driving ran into a hole and bounced him upward, jamming his neck. A number of medical physicians found no basis for his complaint. A chiropractic physician, by a range of motion study, opined that he retained a 26 percent impairment. The trial court found that the Plaintiff retained percent disability as a result of his work related injury on July 22, 2, and we affirm. 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., and ROBERT E. CORLEW III, SP. J., joined. Robert L. Huskey, Manchester, Tennessee, attorney for Appellant, Chad Conatser. Bree A. Taylor, Nashville, Tennessee, attorney for Appellee, Metro Ready Mix and Lumberman's Underwriting Alliance. MEMORANDUM OPINION This complaint was filed on March 15, 21, alleging that the Plaintiff sustained a compensable injury to his neck and cervical spine on or about April 1, 2 during the course and scope of his employment as a truck driver. It appears that the Plaintiff first injured his neck while doing on-the-job exercises at a gym provided by the Employer. The Plaintiff was not treated for any injuries occurring as a result of this incident. Testimony revealed that while driving a ready-mix concrete truck on July 22, 2, the Plaintiff ran into a depression which jolted him vertically, with his head striking the roof of the cab resulting in a cervical injury1 of a disputed nature. A supervisor took the Plaintiff to the emergency room immediately following this incident, where he was treated and released. About six weeks after the described incident occurred, the Plaintiff sought medical attention from Dr. Thomas O'Brien, an employer-approved orthopedic specialist2. Dr. O'Brien sent the Plaintiff to physical therapy and placed him on light duty from October 23, 2 until November 1, 2, when he was released at maximum medical improvement. Dr. O'Brien opined that the Plaintiff retained a percent permanent partial impairment rating. He saw Dr. O'Brien a total of three times, and asked to see a different physician. He then saw Dr. J. Keith Nichols, also an orthopedic specialist, on two occasions. Dr. Nichols treated the Plaintiff with injections and physical therapy, but declined to impose any work restrictions on him. Dr. Nichols released the Plaintiff on December 5, 2, noting subjective complaints with no objective findings of abnormality. He released the Plaintiff at maximum medical improvement, gave him a permanent partial impairment rating of percent, and testified that he could continue in his normal job activities. Both doctors indicated that the Plaintiff's neurological exams were normal, and that any problem he was having would resolve over time. The Plaintiff continued to drive a concrete redi-mix truck, and began to have "little accidents" as he described, like backing into a guy wire and into a tree because he was unable to turn his head, owing to stiffness in his neck. He was fired on August 1, 21, apparently due to his inability to continue to drive a concrete truck safely. The Plaintiff, of his own volition, then saw Dr. Jeffrey McKinley, a chiropractor, on February 28, 21. He performed a range of motion study on the Plaintiff, using the Fourth Edition of the Guidelines, because he did not have the Fifth Edition, which was then current.3 Dr. McKinley testified that the Plaintiff never mentioned the July 2 or July 21 injuries during the course of his treatment, that his opinion was based exclusively on the April 1, 2 incident, and has nothing to do with subsequent injuries. He admitted that had he known about the subsequent injuries, it would have "had an impact". He last saw the Plaintiff on September 13, 21. Dr. McKinley opined 1 The Plaintiff filed another complaint, docket 2-32, which is not in the record. We are able to deduce, however, that he alleged back injuries sustained in an accident which occurred in July 21, four months after the complaint was filed in the case at bar. The cases were consolidated for trial. Judgment was entered in docket 2-32, dismissing the complaint and holding that the Plaintiff was not newly injured, and suffered no aggravation of a pre- existing injury. The judgment was not appealed. In point of fact, the Plaintiff testified that he was not injured, and the record does not explain why the suit was filed. See, Tenn. R. Civil P. Rule 11. 2 Although the Plaintiff contends that he was not afforded the opportunity to choose from a panel of physicians, his signature appears on a page listing three authorized physicians from which to choose, including Dr. O'Brien. 3 Dr. McKinley later compared the Fourth and Fifth Editions, and concluded that there is no difference in the ratings assigned based upon the range of motion model between the two editions of the AM A guides. -2-
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Royce Taylor, Judge |
Coffee County | Workers Compensation Panel | 03/15/01 | |
| Methodist Hospital of Dyersburg, Inc., v. Linda Ams
W2000-01569-WC-R3-CV
The employer-appellant contends the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded that the evidence preponderates against an award based on five times the undisputed medical impairment rating.
Authoring Judge: Loser, Sp. J.
Originating Judge:Lee Moore, Judge |
Dyer County | Workers Compensation Panel | 03/15/01 | |
| Kathy Riley v. The Travelers Insurance Company
W2000-01738-WC-R3-CV
The employer's insurer, Travelers, insists the employee's injury did not arise out of the employment and that the award of permanent partial disability benefits based on 55 percent to the right leg is excessive. 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:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 03/15/01 | |
| Mitchell Hall v. Cracker Barrel Old Country Store
E2000-00470-WC-R3-CV
The plaintiff brought this workers' compensation claim in which he alleges a drawer fell on his foot while he was working for the defendant. The trial judge found the plaintiff failed to show an injury by accident arising in the scope and course of his employment and dismissed the case. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:W. Frank Brown, III, Chancellor |
Knox County | Workers Compensation Panel | 03/13/01 | |
| Angela Mccoin v. Lumbermens M Utual Casualty
M2000-00813-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 _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer appeals the trial court award of thirty-five percent disability to the arm, and the award of temporary total disability and temporary partial disability benefits after the employee had returned to work for another employer. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:James E. Walton, Circuit Judge |
Wilson County | Workers Compensation Panel | 03/09/01 | |
| Egyptian Lacquers Manufacturing Company, et al. v. Megan Lee Rainey, et al.
M2000-00658-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 _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found the deceased worker had two dependent children entitled to receive workers' compensation death benefits. The issue is whether the presumption of dependency was rebutted for the older child. We affirm the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. HOWELL N. PEOPLES, SP. J., in which ADOLPHO A. BIRCH, JR., J. and JOE C. LOSER, JR., SP.J., joined. Jay R. Slobey, Nashville, Tennessee, for the Appellant Tiffany Shatrell Rainey, Minor, by Next Friend and Natural Mother, Cynthia Diane Humphreys Murphy. Phillip R. Newman, Franklin, Tennessee, for the Appellee Megan Lee Rainey. Gerald C. Wigger, Nashville, Tennessee, for the Appellee Egyptian Lacquer Manufacturing Company and Reliance Insurance Company. 1 MEMORANDUM OPINION 1. Johnny Vincent Rainey (Mr. Rainey) was employed by Egyptian Lacquers Manufacturing Company (Egyptian Lacquers) on June 23, 1999. On that date, Mr. Rainey suffered a work-related accident. Mr. Rainey, due to injuries from the accident, died on July 4, 1999. Mr. Rainey was survived by two minor children, Megan Lee Rainey (Megan) and Tiffany Shatrell Rainey (Tiffany). The eldest, Megan, was born on November 11, 1981 to Mr. Rainey and his then wife, Pamela Kay Deal (Ms. Deal). The youngest, Tiffany, was born out-of-wedlock to Mr. Rainey and Cynthia Diane Humphreys Murphy (Ms. Murphy) on September 8, 1988. In 1985, Mr. Rainey and Ms. Deal were divorced. As part of the divorce decree, Mr. Rainey was ordered to pay $55 per week in child support to Ms. Deal on behalf of Megan. This obligation was not changed or altered at any time prior to Mr. Rainey's death. After the divorce, Mr. Rainey quickly and permanently fell behind in his child support payments. However, Megan spent most weekends with Mr. Rainey's mother, Ms. Bettie Jewell (Ms. Jewell). Ms. Jewell also provided financial support to Megan in the form of purchasing school supplies, clothing, and other items. Apparently, an informal agreement was reached between Ms. Deal, Mr. Rainey, and Ms. Jewel that Ms. Jewell's support and care stood in place of Mr. Rainey's child support payments. Mr. Rainey frequently saw Megan on the weekends she was with Ms. Jewell. At these visits, Mr. Rainey gave Megan money, usually $2.-$3., though sometimes more for special occasions, such as an impending vacation. Ms. Deal was aware of Tiffany and was under the belief that Tiffany and her mother, Ms. Murphy, would be unable to survive without the financial support of Mr. Rainey. This was a factor in Ms. Deal's decision to not actively pursue the back due child support from Mr. Rainey. Mr. Rainey provided health insurance for both Megan and Tiffany through the group insurance plan offered by his employer, Egyptian Lacquers. Also, Mr. Rainey had one or more life insurance policies listing Megan and Tiffany as beneficiaries. Egyptian Lacquers filed this action to determine who should receive the death benefit under the Tennessee Workers' Compensation Act. Egyptian Lacquers and its insurer have since paid the monies currently due into the Williamson County Clerk's Office and expressed a willingness to pay whatever benefits are awarded as a result of this litigation. This litigation centers on a dispute between Megan, who turned 18 and became a high school senior during the action below, and Ms. Murphy, as next friend and natural mother of Tiffany. The trial court found that both Megan and Tiffany were both "actual dependents" pursuant to Tenn. Code Ann. _5-6-21. Accordingly, the trial court ordered that Megan and Tiffany were each to receive one-half of the death benefits owed under Tenn. Code Ann. _5-6-21, so long as each qualifies for said benefits under that statute. 2
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Russell Heldman, Circuit Judge |
Williamson County | Workers Compensation Panel | 03/09/01 | |
| Betty Jeane Scott, v. Cumberland Health Care Center,Inc., d/b/a General Care Convalescent Center, et al.
M2000-00075-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 _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her thirty-five percent vocational disability to the body as a whole. Further, the trial court ordered the defendant to pay medical expenses incurred by the plaintiff as a result of the injury. The defendant argues the evidence does not support the finding of the trial court as to a compensable injury and the vocational disability, and claims the medical bills incurred by the plaintiff were not necessary We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA III, J. and TOM E. GRAY, SP. J., joined. Jill A. Hanson, Nashville, Tennessee, for the appellants Cumberland Health Care Center, Inc., d/b/a General Care Convalescent Center and Legion Insurance Company. Stacy A. Turner, Clarksville, Tennessee, for the appellee, Betty Jeane Scott. OPINION The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her thirty-five percent vocational disability to the body as a whole. Further, the trial court ordered the defendant to pay medical expenses incurred by the plaintiff as a result of the injury. The defendant argues the evidence does not support the finding of the trial court as to a compensable injury and the vocational disability, and claims the medical bills incurred by the plaintiff were not necessary. Facts The plaintiff, forty-seven years of age at the time of trial, has a twelfth- grade education, and training as a certified nurses' aide. The plaintiff began working for the defendant in 1974. She left work for the defendant for a period of time but returned during the mid or later part of the 198's. On July 9, 1991, she fell while in the course of her work. She fell upon her left side and injured her lower back, left hip, cervical and thoracic spine and left shoulder. Medical Evidence The defendant first sent the plaintiff to Dr. David Gullet, the company doctor. Dr. Gullet referred the plaintiff to Dr. Steve McLaughlin, an orthopedic surgeon. Dr. McLaughlin entered into a course of treatment of the plaintiff on July 24, 1991. Dr. McLaughlin found the plaintiff had a pinching of the rotator cuff in her shoulder and an inflamation of the bursa over the left hip, which accounted for her left hip and left knee pain. Dr. McLaughlin opined these findings were caused by the fall the plaintiff had at work. Dr. McLaughlin saw the plaintiff again approximately ten days after the initial examination; she expressed complaints similar to those of the earlier visit. On August 26, 1991, Dr. McLaughlin saw the plaintiff and had an MRI done which showed some degenerative disease at the 4th and 5th lumbar vertebra and perhaps a mass in the pelvis. Dr. McLaughlin did not see the plaintiff again until May 3, 1996. She missed an appointment on September 9, 1991. Dr. McLaughlin saw the plaintiff on several occasions after the May appointment over the next few weeks. He found she was suffering from the same problems as she had in 1991. He was of the opinion that this was not unusual for the condition the plaintiff suffered in 1991. Dr. McLaughlin performed surgery upon the plaintiff's shoulder. Dr. McLaughlin was of the opinion the plaintiff had sustained a ten percent medical impairment to the upper extremity. The plaintiff wentto Dr. James D. Davis, a chiropractor, on December 13, 1993, complaining of the same symptoms about which Dr. McLaughlin testified. Dr. Davis' examination revealed similar findings as those of Dr. McLaughlin. He found the plaintiff had a five percent permanent medical impairment to the body as a whole. Dr. Richard Fishbein, an orthopaedic surgeon, evaluated the plaintiff in October of 1996. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Carol Catalano, Chancellor |
Scott County | Workers Compensation Panel | 02/28/01 | |
| Peggy Birmingham v. Porter-Cable Corporation
W1999-00695-WC-R3-CV
The defendant, Porter-Cable Corporation, appeals the judgment of the Chancery Court of Madison County which awarded the plaintiff, Peggy Birmingham, permanent partial disability of sixty percent (6%) to the body as a whole. For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: W. Michael William Michael Maloan, Special Judge
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 02/28/01 | |
| James Eakes v. Goodyear Tire & Rubber Company
W2000-00142-WC-R3-CV
In this appeal, the employee contends the evidence preponderates against the trial court's finding that the preponderance of the evidence fails to establish a causal connection between his injury and his employment. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:William Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 02/28/01 | |
| William R. Clark v. Willamette Industries, Inc.
E1999-02693-WC-R3-CV
The dispositive issue is whether the evidence preponderantly proved that the condition of the plaintiff's right knee was causally related to a fall he suffered in March 1997. The expert proof was divergent, and the plaintiff's credibility was remarked by the trial judge.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:John S. Mclellan, III, Chancellor |
Knox County | Workers Compensation Panel | 02/27/01 | |
| Jim Bell v. Rich Products Corporation
M2000-00950-WC-R3-CV
In this appeal, the employer insists the award of permanent partial disability benefits is excessive and that the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Loser, Sp. J.
Originating Judge:Robert E. Corlew, III, Chancellor |
Rutherford County | Workers Compensation Panel | 02/14/01 | |
| Luke Keeling v. Florida Steel, Now Known As Ameristeel
W1999-00433-WC-R3-CV
The defendant appeals from the trial judge's finding that: the plaintiff sustained an injury within the course and scope of his employment; that he suffered a thirty-five percent vocational disability; and that he did not have a meaningful return to work. The defendant also appeals the trial court's holding that it was not entitled to a set off for funds paid to the plaintiff under a self-insurance plan. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 02/12/01 | |
| Nikki F. Nelson v. Magnetic Separation Systems, Inc., and
M1999-02009-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. The employee contends the Chancellor erroneously: [1] considered as substantive evidence the medical report of Dr. Miller; [2] failed to find her elbow, shoulder, neck and spine disabilities were caused by her work, and therefore [3] rendered an inadequate award. As discussed below, the panel concludes that the parties offered voluminous medical records, including those of Dr. Miller, which were, without objection or limitation, treated by the parties throughout the trial as substantive evidence. The chancellor properly treated those reports as substantive evidence. The panel further concludes the chancellor's decision limiting the award to work-related disability to the hands and wrists is supported by a preponderance of the evidence, and that the award of 2 percent disability to both arms should be affirmed in all respects. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOHN A. TURNBULL, Sp. J., in which FRANK F. DROWOTA , III, and FRANK G. CLEMENT, JR.,, Sp.J., joined. Peter D. Heil and Michael A. Friedland, Alan Wise, Stillman, Karr, & Wise, Nashville, TN, for the appellant, Nikki F. Nelson Sean Antone Hunt, Spicer, Flynn & Rudstrom, PLLC, Nashville, TN, for the appellees, Magnetic Separation Systems, Inc. and Travelers Insurance Co. MEMORANDUM OPINION Nikki Nelson worked for Magnetic Separation Systems as an electronics technician, a job which included assembling electronic devices. Her job included some highly repetitive work with screwdrivers and other hand tools. There is a significant dispute in the testimony and other evidence as to whether the tasks required hand and wrist activity which were both forceful and repetitive. Live demonstrations of the tasks required and a video tape of the assembly work were a part of the evidence at trial. Ms. Nelson was not a happy employee. Her 18 month tenure with her employer was marked with numerous inter-office memos demonstrating a deteriorating relationship with her supervisors, and dissatisfaction by the employer with the quantity and quality of Ms. Nelson's work. During her last months of work for MMS, Ms. Nelson began having hand and wrist problemsand reported: "My hands and wrists were hurting from doing coil bobbins all day. Normally I would work until my hands fell off, but being put on 3 days probation and all, my husband told me to go to the doctor." The first among many doctors who treated Ms. Nelson was Dr. David McCoy, her family doctor, who first saw her on February 5, 1995. Clinical testing and the history related by Ms. Nelson caused Dr. McCoy to form the opinion that she had work-related carpal tunnel syndrome. Ms. Nelson then selected Dr. Jack Miller, an orthopaedic surgeon, from a list of doctors furnished by MMS. Dr. Miller treated her from February 14, 1995 until September, 1996. On his initial examination, Dr. Miller, based on Ms. Nelson's complaints of rather severe pain in both wrists together with positive Phalen sign and Tinel sign, diagnosed carpel tunnel syndrome and referred her to a neurologist for EMG testing. Dr. Miller was "shocked" that Ms. Nelson's initial EMG was normal and elected not to perform carpel tunnel release surgery at that time, but instead, Dr. Miller treated Ms. Nelson conservatively with physical therapy and cortisone injections. Dr. Miller directed that she not work. When Ms. Nelson's symptoms did not improve, Dr. Miller, in March, 1995, thought "carpel tunnel release is going to be justified, being recommended even though EMG's are normal." The employer then referred Ms. Nelson to Dr. Stephen Pratt for a second opinion. Dr. Pratt was "most certain that it is not carpel tunnel syndrome" and did not recommend carpel tunnel release surgery. Upon receiving Dr. Pratt's report, Dr. Miller elected not to proceed with surgery at that time. Dr. David Gaw did an independent medical exam in October, 1995, and agreed with Dr. Miller that Ms. Nelson had carpal tunnel syndrome, and recommended that she have surgery, even without a positive EMG. Dr. Miller again examined Ms. Nelson in October of 1995, and "strongly recommended carpal tunnel release" because of her persistent, long-standing complaints and clinical symptoms. Not satisfied to authorize surgery, the worker's compensation insurer, Travelers, sought a fourth opinion from Dr. Michael Milek who examined Ms. Nelson in January, 1996. Dr. Milek found "classic" carpel tunnel compression phenomena" and opined that "in all likelihood, she does have bilateral carpel tunnel compression." He recommended a repeat electrical study, and if "the electrical study is abnormal, then I would recommend carpel tunnel release." Finally, in May, 1995, surgery was authorized by Travelers, and bilateral carpel tunnel release surgery was performed on May 8, 1996, by the company doctor, Dr. Jack Miller, who noted during surgery that "the median nerve did not appear to be significantly altered." In subsequent visits in May, June, July, September of 1996, Ms. Nelson reported serially to Dr. Miller "her pain is 95 -2-
Authoring Judge: John A. Turnbull, Sp. J.
Originating Judge:Hon. Irvin Kilcrease, Jr., Judge |
Davidson County | Workers Compensation Panel | 02/12/01 | |
| John Edward Whitaker v. Lear Corporation
E2000-00060-WC-R3-CV
The appellant-employer appealed the trial court's ruling awarding appellee-employee 6 percent permanent partial disability to each arm. Appellant argues the award of disability is excessive and should be reduced. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Kindall T. Lawson, Circuit Judge |
Knox County | Workers Compensation Panel | 02/12/01 | |
| Felipe Aguirre v. James and Patsy Chambers, d/b/a Big C
E2000-00980-WC-R3-CV
Plaintiff Felipe Aguirre suffered the loss and amputation of his arm as a result of a traffic accident allegedly occurring in the course of his employment with defendant. The circuit court found the accident to be unconnected to his employment and dismissed his suit. We affirm.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:O. Duane Sloan, Circuit Judge |
Knox County | Workers Compensation Panel | 02/12/01 | |
| Tommy C. Smith v. Continental Casualty Ins. Company and Leggett and Platt, Inc., et al
M2000-00574-WC-R3-CV
The plaintiff, Tommy C. Smith, appeals the judgment of the Chancery Court of Rutherford County where the trial court found that the plaintiff failed to carry his burden of proof that he sustained a compensible injury as defined by Tennessee Code Annotated _ 5-6-12(12). For the reasons stated in this opinion, We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:Don R. Ash, Chancellor |
Smith County | Workers Compensation Panel | 02/12/01 |