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| John Carbino v. Portland Utility Const. Co., Llc,
M2001-01840-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. In this appeal, the employer and its insurer question (1) the trial court's finding that the employee's aortic dissection was an injury by accident arising out of his employment and (2) the award of permanent partial disability benefits based on 85 percent to the body as a whole for the combined effects of that injury and a subsequent compensable back injury. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and JAMES L. WEATHERFORD, SR. J., joined. Bridgett A. Wohlpart, Brentwood, Tennessee, for the appellants, Portland Utility Construction Company, LLC, and Travelers Property Casualty Corporation Lucius P. Hawes, Jr., Hopkinsville, Kentucky, for the appellee, John Carbino MEMORANDUM OPINION The employee or claimant, John Carbino, initiated this civil action on September 17, 1999 to recover workers' compensation benefits for two separate allegedly work related injuries. The first injury is alleged to have occurred on January 26, 1998, the second on June 23, 1999. On July 3, 21, after an earlier trial on the merits, the trial court awarded, among other things, permanent partial disability benefits on the basis of 85 percent to the body as a whole. The employer, Portland Utility Construction Company, and its insurance carrier, Travelers, have appealed. For injuries occurring on or after July 1, 1985, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Carol Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 10/17/02 | |
| Sydney Couch v. Bell South Telecommunications, Inc.,
W2001-02216-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 fact and conclusions of law. In this appeal, the employee questions the trial court's disallowance of benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed. JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and HAMILTON V. GAYDEN, JR., SP. J., joined. Steve Taylor, Memphis, Tennessee, for the appellant, Sydney Couch J. Mark Griffee and Robert B. C. Hale, Memphis, Tennessee, for the appellee, Bell South Telecommunications, Inc., d/b/a South Central Bell MEMORANDUM OPINION The employee or claimant, Sydney Couch, initiated this civil action on May 5, 2 seeking an award of worker's compensation benefits for an injury to her elbow allegedly resulting from repetitive use of her arm at work. After a trial on the merits on July 17, 21, the trial court dismissed the complaint for failure to establish causation by a preponderance of the evidence. By this appeal, the claimant seeks a reversal of that judgment and an award of benefits. For injuries occurring on or after July 1, 1985, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:George H. Brown, Jr., Judge |
Shelby County | Workers Compensation Panel | 10/10/02 | |
| Charles R. Rapier v. Jones Blair Paint
E2001-02915-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 dismissed the complaint finding the action was barred by the one year statute of limitations and because plaintiff's condition was not work-related. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Jerri S. Bryant, Chancellor |
Knox County | Workers Compensation Panel | 09/27/02 | |
| Don Birchfield v. Hardwood Frames of America
E2001-02123-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. The trial court dismissed the complaint finding the action was not filed within the one year period of the statute of limitations. Judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed THAYER, SP. J., in which ANDERSON, J., and BYERS, SR. J., joined. Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Don Birchfield. Kent T. Jones, of Chattanooga, Tennessee, for Appellee, Hardwood Frames of America. MEMORANDUM OPINION Plaintiff, Don Birchfield, has appealed from the trial court's action in dismissing his complaint. The court ruled the action had not been filed within the one year period provided by the statute of limitations. Basic Facts Employee Birchfield was forty-one years of age and had completed the eleventh grade in school. He later obtained a GED certificate. On October 15, 1998, while employed by the defendant, Hardwood Frames of America, he was working on an assembly line when a load of wood pinned him against a metal buggy. He was sent to a medical facility, Health Works of Tennessee, where he was seen on several occasions. X- rays revealed a fracture in his right arm. He later saw Dr. Rickey Hutcheson for four visits from October 3, 1998 to February 5, 1999. Birchfield testified he never returned to work after the accident because he was on strong pain medication and because he had constant pain in his elbow and some numbness in his hand. His employer paid for his treatment at Health Works and for seeing and being treated by Dr. Hutcheson. It was stipulated that the last payment of a medical expense was in August 1999. During his employment career, he has had other workers' compensation claims with different employers and the record indicates he has other health problems for which he is being treated. The complaint was filed on January 16, 21, which was 27 months after the accident and over 16 months after the payment of a last medical expense. Medical Evidence Dr. Rickey Hutcheson, an orthopedic surgeon practicing in Cleveland, Tennessee, testified by deposition. He stated he examined the x-ray which was taken at Health Works and thought it might be an old fracture. He said he had mild swelling and his elbow was bruised. After several visits he released him to return to light duty work but did not realize until later that he did not go back to work. On a later visit during November 1999, he said the employee could straighten his arm completely and seemed to not have as much pain. The doctor was of the opinion he did not have any permanent impairment. Dr. Frank H. Wood, a family practice and emergency medicine physician practicing in McCoysville, Georgia, testified by deposition. He began seeing the employee on February 1, 1999 for some of his other health problems and he stated he was not given a history about any injury to his elbow until late October or early November 2. He initially testified the employee had a 1 percent impairment as a result of the accident in question but admitted he had not looked at the AMA Guidelines for two to three years. He said he had been using the 1987 Edition and had never seen the 4th Edition. During the examination he was given the 4th Edition and changed his opinion several times concerning impairment. As we read the record, he appeared to finally settle on 6 percent impairment to the right arm or 3 percent to the whole body. Other questions and answers indicated he was fixing a percentage of disability rather than impairment to the body as he was considering the employee's age, education, job opportunities, etc. Findings of Trial Court The trial judge was very troubled by the evidence of Dr. Wood and specifically found she could not rely on same. The complaint was dismissed because the statute of limitations had expired. -2-
Authoring Judge: Thayer, Sp. J.
Originating Judge:Jerri S. Bryant, Chancellor |
Knox County | Workers Compensation Panel | 09/27/02 | |
| Tamika Washington v. Federal Express Corporation
W2001-02215-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. In this appeal, the employee questions the trial court's disallowance of permanent disability benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and HAMILTON V. GAYDEN, JR., SP. J., joined. Steve Taylor, Memphis, Tennessee, for the appellant, Tamika Washington J. Mark Griffee and Robert B. C. Hale, Memphis, Tennessee, for the appellee, Federal Express Corporation MEMORANDUM OPINION It is undisputed that the employee or claimant, Tamika Washington, suffered a work related injury when she slipped while working for the employer, Federal Express, on September 29, 1999. She received medical and temporarydisability benefits from the employer, but was denied permanent disability benefits because the treating physician found no permanent impairment and prescribed no permanent restrictions. She commenced this civil action to recover permanent disability benefits on November 16, 1999. The case was tried on August 13, 21. The trial court found that the claimant's proof failed to establish permanency by a preponderance of the evidence, but awarded medical benefits as provided by law. The claimant seeks a reversal of the denial of permanent partial benefits and an award of such benefits by this tribunal. For injuries occurring on or after July 1, 1985, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:Kay S. Robilio, Judge |
Washington County | Workers Compensation Panel | 09/11/02 | |
| Clifford Goolesby v. Abb C-E Services, Inc.
E2001-02435-WC-R3-CV
The trial court found the plaintiff was entitled to permanent total disability benefits. The trial court further found the defendant was not entitled to offset social security benefits against the award. The defendant appeals only from the judgment of the trial court which denied the social security offset. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Frank Brown, Judge |
Knox County | Workers Compensation Panel | 09/10/02 | |
| Mark Edward Warf v. Zion Christian Academy,
M2001-01583-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. The trial judge found the plaintiff had suffered an injury arising out of his employment, but found the plaintiff was barred from recovering benefits under the Workers' Compensation Act because he failed to file timely notice of the injury which he suffered. We reverse the judgment of the trial court and remand this case thereto for further proceedings. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA III, C. J. and JOE C. LOSER, SP. J., joined. Richard T. Matthews, Columbia, Tennessee, attorney for the appellant, Mark Edward Warf. Luther E. Cantrell, Jr., Nashville, Tennessee, attorney for the appellees, Zion Christian Academy and Church Mutual Insurance Company. MEMORANDUM OPINION The plaintiff has a Bachelors of Science degree, was born September 13, 1959, is married and the father of three children. The plaintiff was a teacher, coach and athletic director at Zion Christian Academy (Zion). His work history is that of a teacher and coach. On March 16, 1999, a student at Zion was electrocuted. The plaintiff was the first adult to reach the student after the accident. The plaintiff gave CPR to the student, however, this was not successful and the student died in his arms. During the course of the CPR, the student regurgitated and the vomit was projected into the plaintiff's mouth and on his clothes and on the student. After the event, the plaintiff and others met with the headmaster and a member of the Board of Directors of Zion. The plaintiff was emotional and upset at the time. The school brought a counselor, a psychologist, to the academy to meet with the teacher. The plaintiff was very upset and expressed his grief at seeing the student for the last time as he lay dead in vomit. The counselor, with the headmaster, helped arrange for the plaintiff to see the student in the casket at a private viewing.1 The plaintiff testified that when school resumed a few days after the event he was unable to concentrate and perform his duties. He was admitted to the hospital on May 18, 1999 with chest pains which apparently were stress related. The plaintiff resigned from Zion at the end of the school year in May 1999. He testified his mental status was not the cause of this but was because of changes made by the headmaster. The headmaster testified the plaintiff's work performance was deficient prior to the death of the student and the retention of the plaintiff was not likely because of this. The plaintiff attempted to teach at other schools but was unable to do so because of his mental condition. Ultimately, the plaintiff began to receive medical care for his condition. The trial judge made the following finding of facts concerning the plaintiff's injury: WORK-RELATED MENTAL INJURY: The Court finds that Plaintiff has suffered a permanent mental injury, arising out of his employment, caused by an identifiable, stressful work-related event producing sudden mental stimulus of fright, shock and excessive, unexpected anxiety; to-wit: the electrocution death of a student. Further, that Plaintiff's stress is extraordinary and unusual in comparison to stress that is ordinarily expected. As a result, the Court finds that Plaintiff's vocational ability has been diminished. The trial court further found that plaintiff knew of his mental illness by November 3, 1999 and that he should have given notice to Zion within thirty days of this. The plaintiff did not give notice, written or otherwise, until July 6, 2 when he delivered a message to the headmaster concerning his mental injury. The trial judge found the plaintiff gave no reasonable excuse for failure to do so. The insurance company sent a letter to the plaintiff after he delivered the message to the head master that the plaintiff would receive no compensation because he suffered no physical injury. 1The viewing and funeral was to be closed casket. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Stella Hargrove, Judge |
Maury County | Workers Compensation Panel | 09/09/02 | |
| The Evidence Is Otherwise. Tenn. Code Ann. _ 50-6-225(E)(2). Stone v. City of Mcminnville, 896
M2001-01949-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. The plaintiff appeals the trial judge's decision that the defendant suffered the work-related injury of bilateral carpal tunnel syndrome which resulted in a 12 percent permanent partial disability to each arm. 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 BYERS, SR.J., in which DROWOTA, C.J., and LOSER, SP.J., joined. David T. Hooper, of Brentwood, Tennessee, for Appellant, Alcoa Fujikura, Ltd. N. Evan Harris, of Nashville, Tennessee, for Appellee, Kenneth Anderson. MEMORANDUM OPINION Review of the findings of fact made by 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). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). FACTS The defendant was fifty years of age at the time of this trial. He is a high school graduate and he attended two years of college studying automotive technology. He testified at trial that he began working for the plaintiff's company, Dixie Wire, as a utility operator in 1993. As a utility operator, the defendant testified that his duties included some repetitious work with his hands and arms. In 1997, the defendant began working as a PVC extruder operator for Dixie Wire. He testified that his duties in this position involved quite a bit more use of his hands, wrists, and arms. Outside of his employment at Dixie Wire, the defendant also laid carpet for supplemental income. He testified that from 1993 to when he performed his last carpet job in 1999, he performed a total of 38 carpet jobs, averaging about six hours of carpet work per month. He testified that he never had any problems with his wrists or hands while performing carpet work. In 1997, while working as a PVC extrude operator, the defendant began to notice numbness and tingling in his hands and wrists. He went to see Dr. Darrell G. Arnett but was not treated for the numbness and tingling at that time. The defendant testified that his hand and wrist problems abated for some time after that. In 1998, while still working as a PVC extruder operator for Dixie Wire, the defendant's problems with his hands going numb reappeared and worsened. He saw Dr. Arnett again on January 22, 1999, and Dr. Arnett diagnosed the defendant with bilateral carpal tunnel syndrome. The defendant then saw Dr. Thomas E. Tompkins on June 29, 1999. Dr. Tompkins concurred with the diagnosis of bilateral carpal tunnel syndrome and recommended the defendant have surgery. The defendant was at first reluctant to have surgery, but after more problems at work with his hands going numb he decided to have the surgery, after which he returned to work. MEDICAL EVIDENCE The medical evidence for the purposes of the issues raised in this trial was presented by the depositions of Dr. Darrell E. Arnett and Dr. Thomas E. Tompkins. Dr. Arnett, an internal medicine specialist in Nashville, testified that he first saw the defendant on August 14, 1997. At that time, the defendant complained of weakness and paresthesias.1 Dr. Arnett testified that the defendant next visited him on January 22, 1999, at which time the defendant complained of his hands going numb 15 to 2 times daily. At that time, Dr. Arnett testified, he diagnosed the defendant with bilateral carpal tunnel syndrome. Dr. Arnett did not form any opinion as to causation at that time, but later at deposition, when given the defendant's full history, Dr. Arnett testified that it was his opinion that the defendant's work at Dixie Wire was 1Paresthesias is numbness and tingling of the arms and legs. -2-
Authoring Judge: Byers, Sr.J.
Originating Judge:Carol Mccoy, Chancellor |
Anderson County | Workers Compensation Panel | 09/05/02 | |
| Glad Ys Willis v. Mou Ntain States Health A Llianc E d/b/a
E2001-01404-WC-R3-CV
The employer appeals a finding that the employee is totally disabled. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:G. Richard Johnson, Chancellor |
Knox County | Workers Compensation Panel | 09/02/02 | |
| Kecia L. Hill v. Calsonic Yourzu Corporation,
M2001-01314-WC-R3-CV
In this appeal, the employer contends the evidence preponderates against the trial court's finding of a permanent injury related to the claimant's incident at work and the award of seven and one-half percent disability to the body. As discussed herein, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Charles D. Haston, Judge |
Warren County | Workers Compensation Panel | 08/26/02 | |
| Janet Baca v. Liberty Mutual Insurance Company and Ih
E2002-00273-WC-R3-CV
The plaintiff appeals the trial judge's decision that the plaintiff's medical proof was insufficient to establish causation. We affirm the judgment of the trial court.
Authoring Judge: Byers, Sr.J.
Originating Judge:Jerri Bryant, Chancellor |
Knox County | Workers Compensation Panel | 08/19/02 | |
| George Wayne Greer v. Heilig-Myers Furniture,
E2001-01008-WC-R3-CV
The trial court awarded the employee 7 percent permanent partial disability to the body as a whole. The employer contends the evidence preponderates against the award and that the employee made a meaningful return to work. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Jean A. Stanley, Chancellor |
Knox County | Workers Compensation Panel | 08/19/02 | |
| Joanne Bishop v. Zurich-American Insurance Company,
E2001-00218-WC-R3-CV
The plaintiff appeals the trial judge's decision that she failed to carry her burden of proof with respect to causation regarding an alleged work-related case of pulmonary disease. We affirm the judgment of the trial court.
Authoring Judge: Byers, Sr. J.
Originating Judge:Howell N. Peoples, Chancellor |
Knox County | Workers Compensation Panel | 07/30/02 | |
| William M. Crisp v. Del-Air Service Company, Inc.
E2001-00378-WC-R3-CV
The trial judge found the plaintiff had failed to show he suffered a compensable work injury. We reverse the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Sharon Bell, Chancellor |
Knox County | Workers Compensation Panel | 07/30/02 | |
| Liberty Insurance Company v. Richard W. Burgin,
E2001-01574-WC-R3-CV
The trial court found the employee had only sustained an injury of a temporary nature and dismissed his claim for permanent disability. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:John F. Weaver, Chancellor |
Knox County | Workers Compensation Panel | 07/29/02 | |
| Dale Parish v. Massman Construction Co.,
W2001-01678-SC-WCM-CV
In this appeal, the employee-appellant insists the trial court erred in finding (1) the employee's employment was not principally located in Tennessee, (2) the contract of hire was not made in Tennessee, and (3) the defendants waived their right to assert Tennessee does not have jurisdiction over the claim. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Robert A. Lanier, Judge |
Shelby County | Workers Compensation Panel | 07/29/02 | |
| Lewis Yunker v. Travelers Insurance
E2001-02089-WC-R3-CV
The employer's carrier appeals awards of temporary total disability benefits, 5 percent permanent partial disability to the body as a whole, and medical expenses. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:D. Kelly Thomas, Judge |
Knox County | Workers Compensation Panel | 07/18/02 | |
| Earnest Peeler v. Tempro Services, Inc.
W2001-00922-SC-WCM-CV
Appellant/Defendant asserts that trial court erred in awarding permanent partial disability for seventy percent (7%) of plaintiff's right hand and forty-five percent (45%) of his left hand. As discussed below, this Panel affirms the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Martha Brasfield, Chancellor |
Fayette County | Workers Compensation Panel | 07/18/02 | |
| John Ramsey v. First Tennessee Bank
E2001-01777-WC-R3-CV
The employee appeals a finding that his hernia was not compensable. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:L W. Dale Young, Judge |
Knox County | Workers Compensation Panel | 07/11/02 | |
| Darry L Phillips v. Deroyal Industries
E2001-01655-WC-R3-CV
The employer appeals the trial court's award of medical bills for testing and hospitalization by an unauthorized physician. The employee cross-appeals contending (a) that he was justified in seeking treatment by the unauthorized physician and that all medical bills should have been awarded, and (b) that the trial court erred in failing to award all temporary total benefits due. We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Billy Joe White, Chancellor |
Knox County | Workers Compensation Panel | 07/08/02 | |
| Doxie M. Frayser v. Dentsply International, Inc.
W2001-01485-SC-WCM-CV
The trial court found that Plaintiff's workers' compensation claim for an injury occurring in 1994, was barred by the statute of limitations and that the doctrine of equitable estoppel was not applicable to the case. We hold that an employer may not offer an employee an alternative benefit option that would circumvent Tennessee Workers' Compensation Law when the employer is aware that the employee's injury is work-related. As discussed below, the trial court's judgment is reversed and remanded in part and affirmed in part.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Robert A. Lanier, Judge |
Shelby County | Workers Compensation Panel | 06/28/02 | |
| Josephine Bryant v. Imperial Manor Convalescent
M2000-01582-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. In this appeal, the employer-appellant questions (1) the trial court's finding of compensability and (2) the imposition of a 6 percent penalty. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Clarence E. Lutz, Nashville, Tennessee, for the appellant, Imperial Manor Convalescent Center, LLC. Carson W. (Bill) Beck, Nashville, Tennessee, for the appellee, Josephine Bryant MEMORANDUM OPINION The employee or claimant, Josephine Bryant, injured her back at work. When the employer, Imperial Manor, denied her claim for workers' compensation benefits, she initiated this civil action. Following a trial on the merits, the trial court found the claimant's injury to be compensable and awarded benefits. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:Irvin H. Kilcrease, Chancellor |
Davidson County | Workers Compensation Panel | 06/25/02 | |
| Vicky Lynn Presley v. Vf Workwear, Inc.
M2001-01912-WC-R3-CV
In this appeal, the employer insists (1) the trial court erred by considering the operating surgeon's medical impairment rating and (2) the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Vernon Neal, Chancellor |
Putnam County | Workers Compensation Panel | 06/25/02 | |
| Betsy D. Coker v. Beverly Enterprises Tennessee, Inc.
M2000-01630-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. In this appeal, the employer-appellant questions (1) the trial court's finding that the employee's injury arose out of and in the course of her employment and (2) the award of permanent partial disability benefits based on 65 percent to the leg. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Pamela M. McCord and Richard E. Spicer, Nashville, for the appellant, Beverly Enterprises, Inc., d/b/a Beverly Healthcare Robert T. Carter, Tullahoma, Tennessee, for the appellee, Betsy D. Coker MEMORANDUM OPINION The employee or claimant, Ms. Coker, initiated this civil action to recover workers' compensation benefits for an injury by accident arising out of and in the course of her employment as a nurse for Beverly Healthcare. The employer denied liability and denied the claimant suffers any permanent disability. Following a trial on the merits on May 21, 21, the trial court resolved the issues in favor of the claimant and awarded, inter alia, permanent partial disability benefits based on 65 percent to the leg. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:Jeffrey Stewart, Chancellor |
Franklin County | Workers Compensation Panel | 06/25/02 | |
| Darin Montgomery v. Wal-Mart Stores, Inc.
M2001-01718-WC-R3-CV
In this appeal, the employer-appellant insists (1) the trial court erred in finding the employee suffered a work related injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in awarding payment of unauthorized medical expenses, and (4) 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: Joe C. Loser, Jr., Sp. J.
Originating Judge:Thomas Gray, Chancellor |
Montgomery County | Workers Compensation Panel | 06/24/02 |