WORKERS COMPENSATION PANEL OPINIONS
| Smith v. Safety Kleen Corporation E1999-01123-WC-R3-CV Authoring Judge: Byers, Sr. J. Trial Court Judge: Howell N. Peoples, Chancellor 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, Everett Alan Smith, filed various motions in this case, all of which were denied by the trial court. The plaintiff appeals from the trial court's: (1) refusal to award temporary total benefits from the date of injury until time of medical improvement rating by physician or from the date of injury until trial; (2) denial of a lump sum payment of attorney fees because the request was in the form of a motion rather than in the form of a petition; (3) denial of motion requiring the defendant to pay for medication and authorized physician benefits because the plaintiff sought these by motion rather than by petition. The plaintiff also raises the issue of whether the trial court erred in refusing to pay certain pharmacy charges. We affirm the judgment of the trial court in part, reverse the judgment in part, and remand the case to the trial court for further proceedings. |
Smith County | Workers Compensation Panel | ||
| Johnny L. Frye v. Athens Products 03S01-9904-CV-00043 Authoring Judge: John K. Byers, Senior Judge Trial Court Judge: Hon. John B. Hagler 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. 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). The plaintiff appeals from the trial court finding that he had failed to show by a preponderance of the evidence that he had sustained an injury arising out of and in the course of his work. We affirm the judgment of the trial court. There is little need to go into significant detail concerning the facts in this case. There are significant discrepancies between the testimony of the plaintiff at trial and in the statements he made to medical providers concerning whether he sustained an injury on June 1, 1998, or whether he experienced pain on the prior Sunday while walking in the mall, or whether he sustained an injury at work on June 2nd. The plaintiff gave the only evidence concerning an alleged accidental injury. The determination of the trial judge was, by necessity, based upon his assessment of the evidence and his ruling based upon the testimony of the plaintiff. The trial court found that the plaintiff did not tell the defendant of any work- related accident until June 28th but found that he did notify the physician and especially the nurse practitioner on June 2nd that he sustained a work-related injury on June 1. The court found this unusual and ruled that the two histories cancelled out each other, thus causing the plaintiff to fail in carrying his burden of proof. 2 |
Knox County | Workers Compensation Panel | ||
| Clayton D. Eller v. Loram Maintenance of Way, Inc., E1999-00874-SC-R3-CV Authoring Judge: L. Terry Lafferty, Senior Judge Trial Court Judge: John Maddux, Judge This workers' compensation appeal from the Cumberland County Circuit Court 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 Cumberland County Circuit Court dismissed the plaintiff's claim for Tennessee workers' compensation benefits on the basis that the plaintiff affirmatively elected to seek workers' compensation benefits in the states of Maryland and Pennsylvania. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment. |
Knox County | Workers Compensation Panel | ||
| Eddie Ray Harper v. Lockheed Martin Energy Systems, E1999-01150-WC-R3-CV Authoring Judge: Thayer, Sp. J. Trial Court Judge: James B. Scott, Jr., Judge 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 appellant-employee appealed the trial court's award of 12.5% permanent disability to the body as a whole which was based on a finding the employee had made a meaningful return to work resulting in capping the award at two and one-half times the medical impairment under T.C.A. _ 5-6-241(a)(1). On appeal, appellant argues he did not return to work for the "pre-injury employer" and the six times medical impairment under subsection (b) should control the award. Judgment of the trial court is affirmed as the new employer was a successor or substitute employer for the original employer by reason of a change of contractors at the U.S. government facility. |
Knox County | Workers Compensation Panel | ||
| Mervin Reed v. Abb Combustion Engineering, Inc. E1999-00589-WC-R3-CV Authoring Judge: L. Terry Lafferty, Senior Judge Trial Court Judge: W. Frank Brown, III, Chancellor 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. In this appeal, the plaintiff/appellant asserts that the trial court erred in basing plaintiff's award of permanent disability benefits on a percentage of impairment other than that supported by the medical evidence at trial. After a complete review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment. |
Knox County | Workers Compensation Panel | ||
| Theodore Davis v. U. S. Coal Inc. E1999-01297-WC-R3-CV Authoring Judge: Thayer, Sp. J. Trial Court Judge: Billy Joe White, Chancellor 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 appellant-employer appealed the trial court's ruling awarding appellee-employee 32% permanent partial disability to the body as a whole. Appellant argues the trial court was in error in accepting certain medical testimony when the doctor failed to follow AMA Guides in conducting examination and evaluation of employee. Judgment of the trial court is affirmed. |
Knox County | Workers Compensation Panel | ||
| Peter A. Smith v. Asplundh Tree Expert Co. E1999-01376-WC-R3-CV Authoring Judge: John K.Byers, Sr. J. Trial Court Judge: Howell N. Peoples, Chancellor 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 defendant appeals from the judgment of the trial court which awarded the plaintiff temporary total benefits from May of 1992 until November 2, 1995, and found the plaintiff had sustained a forty percent permanent partial disability to the body as a whole. The plaintiff suffered a compensable injury, returned to work for the pre-injury employer, then left that position and obtained employment with another employer. We affirm the award of permanent partial disability, reverse the award of temporary total disability and remand the case to the trial court for a determination of the amount owed consistent with our findings. |
Smith County | Workers Compensation Panel | ||
| Valerie A. Lewis v. Saturn Corporation M1999-00422-WC-R3-CV Authoring Judge: Weatherford, Sr. J. Trial Court Judge: Irvin H. Kilcrease, Jr., Chancellor This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed WEATHERFORD, SR. J., in which BIRCH, J., and GAYDEN, SP. J., joined. Thomas H. Peebles, IV and K. Suzanne Crenshaw, Columbia, Tennessee, for the appellant, Saturn Corporation. Lloyd T. Kelso, Nashville, Tennessee, for the appellee, Valerie A. Lewis. MEMORANDUM OPINION The trial court found that employee, Valerie A. Lewis, suffered a compensable injury which arose out of the course and scope of her employment with employer, Saturn Corporation. The trial court awarded employee twenty percent (2%) permanent partial disability to the body as a whole, in addition to all medical expenses, and future medical expenses, and temporary total disability benefits. The trial court held the employerwas entitled to a set-off of $9,762.93 for disabilitypayments in accordance with Tenn. Code Ann. _5-6-114 (b). The trial court also granted employee discretionary costs in the amount of $2,846.5. The employer, Saturn Corporation, raises on appeal two issues: (1) The trial court erred in finding that employee's back injury arose out of the course and scope of employee's employment, and (2) The trial court erred in finding that employee sustained her burden of proof as to the causation of her back injury. The employee raises on appeal two issues (1) the trial court erred in holding that employer was entitled to a set-off of $9,762.93, and (2) the trial court erred in awarding employee two (2) times her medical impairment instead of awarding two and one-half (2 _) times her medical impairment. Appellate review is de novo upon the record of the trial court, accompanied bya presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tenn. Code Ann. _5-6-225 (e)(2). As discussed below, the panel has concluded that the judgment of the trial court should be affirmed. Employee was forty-two (42) years old at the time of trial. She left high school in the 12th year prior to graduation. She attended Ross Medical Education Center and obtained a certificate as a medical-dental administrator. Employee was employed as a medical insurance biller for various hospitals and worked for Buick Motor Co. and Fisher Body prior to being employed at Saturn Corporation. Employee began working for Saturn Corporation on January 16, 1992. Employee did a variety of jobs at Saturn, and in 1995 she was assigned to the "lost foam team" where she met fellow employee, Deborah Leach, who was a member of the same team. Employee and Ms. Leach did not get along well. Ms. Leach complained about employee coming in late, being out on medical, sleeping on the job and having bad work ethics. On October 8, 1996, employee had a blowout on her way to work and was informed that her tire had been slashed in a way that would cause air to leak out slowly. She thought that Ms. Leach had something to do with this, and she and Ms. Leach had a conversation about the tire. Later on the same day, employee was standing near a table talking to Melvin Brantley, a co-worker, when Deborah Leach, carrying supplies, approached the employee and shoved her with her shoulder. Employee fell back on a table, rolled off the table and landed in a chair. Employee did not feel any pain initially. She first felt pain approximately two hours later when she was at home while trying to use the bathroom. Employee was out of work on vacation until October 16, 1996. When employee returned to work on October 16, 1996, she went to Initial Care Facility because of pain in her back, and from there she was sent to Dr. Bartsokas. Employee informed Dr. Bartsokas that she had been pushed causing her to twist through her trunk and low back area and developed low back pain. She further revealed that she had experienced back pain previously, apparentlytwo months prior to this incident and had undergone on MRI scan which was entirely normal. -2- |
Lewis County | Workers Compensation Panel | ||
| The Kroger Company, et al. v. Sara Cooper M1999-01120-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: Walter C. Kurtz, Judge The employer has appealed contending the trial court's award of permanent partial disability benefits based on thirty-five percent to the leg for a torn meniscus is excessive. |
Davidson County | Workers Compensation Panel | ||
| Patricia M. Campbell v. City of Tullahoma, et al M1999-01235-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: John W. Rollins, Judge The appellant, Campbell, insists the trial court erred in granting the appellee's motion for discretionary costs because no equitable ground for such relief was asserted in the motion and accompanying affidavit. The panel concludes that the plaintiff's voluntary dismissal of her complaint is a sufficient ground for an award of discretionary costs. |
Campbell County | Workers Compensation Panel | ||
| Terence A. Johnson v. Saturn Corporation M1999-01377-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: Ellen Hobbs Lyle, Chancellor The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice. |
Johnson County | Workers Compensation Panel | ||
| Construction Company, Appellee v. Pennsylvania National M1999-01917-WC-R3-CV Authoring Judge: Turnbull, Sp.J. Trial Court Judge: Hon. Carol Mccoy, Chancellor 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. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant. |
Davidson County | Workers Compensation Panel | ||
| Claudean Edwards Hulsey v. Peterbilt Motors M1999-00350-WC-R3-CV Authoring Judge: Turnbull, Sp. J. Trial Court Judge: Hon. James Walton, Judge 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. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal. |
Robertson County | Workers Compensation Panel | ||
| Walter Taylor, Jr. v. Athens Paper Company, Inc., et al. M1999-00853-WC-R3-CV Authoring Judge: Turnbull, Sp. J. Trial Court Judge: Hon. Ellen Hobbs Lyle, Judge This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. __ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues. |
Davidson County | Workers Compensation Panel | ||
| Stanley Bridges v. Liberty Insurance Company of E1999-01775-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Hon. R. Vann Owens, Chancellor 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 chancellor ruled that the plaintiff suffered from pneumoconiosis and that the two physicians who testified the plaintiff had the condition were more credible than the physician who testified he did not. However, the judge found the plaintiff failed to carry the burden of showing he was totally and permanently disabled from the pneumoconiosis; therefore, an award could not be made under the guidelines as expressed in the Federal Coal Mine Health and Safety Act of 1969 and adopted by the Tennessee General Assembly in Tennessee Code Annotated _ 5-6-32 et. seq. However, the chancellor ruled that even though the evidence and circumstances did not support an award of one hundred percent permanent total disability under the coal worker's pneumoconiosis provisions, the court could still award permanent partial disability under the general occupational diseases provisions of the Tennessee Worker's Compensation Act. TENN. CODE ANN. _ 5-6- 31. The court then found the plaintiff suffered from coal miner's pneumoconiosis arising out of and in the course and scope of his employment with the defendant and also found the condition causally linked to the plaintiff's exposure to conditions and hazards of his employment. The plaintiff was found to be one hundred percent disabled from a combination of his arthritic condition and pneumoconiosis; however, the disabilityattributable to pneumoconiosis was found much less significant than the non- compensable arthritic disability, resulting in an award of fifteen percent permanent partial disability to the bodyas a whole. We affirm the chancellor's finding that the plaintiff's pneumoconiosis is not totally disabling but reverse the award of permanent partial disability benefits. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in part; Reversed in part and Dismissed JOHN K. BYERS, SR. J., in which E. RILEY ANDERSON, and ROGER E. THAYER, SP. J., joined. Linda J. Hamilton Mowles, Knoxville, Tennessee for the appellant, Security Insurance Company of Hartford David H. Dunaway and Frank Q. Vettori, Knoxville, Tennessee, for the appellee, Stanley Bridges MEMORANDUM OPINION The 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 plaintiff, forty-seven years of age at the time of trial, has a high school diploma. His work history consists of coal mining and work at the mines as a night watchman. His duties in these positions required him to shovel coal dust, pick rock, sweep, and, when in the mines, be exposed to mine effluence. He has also operated a variety of equipment and loaded supplies to take into the deep mine; when working at strip mining he would shoot powder and also work as a drill operator. The plaintiff last worked in the mines in the fall of 1989. In 1986 the plaintiff was diagnosed with rheumatoid arthritis. As a result, the plaintiff was off work for part of 1986 and all of 1987. During that time, the plaintiff was under medical treatment in which he received gold shots and steroids. He returned to the mine as a night watchman but eventually became unable to perform those duties, and he has not been able to work since leaving his last position with the defendant. The plaintiff admitted he quit working for the defendant because of his rheumatoid arthritis, not because of his breathing difficulties. The plaintiff's wife, who testified at trial, also stated he quit working in the mines because of the rheumatoid arthritis symptoms. The plaintiff testified he does not currently know of any work he could do because of his breathing problems and his arthritis_he gets out of breath very easily and coughs and spits up sputum often; he has painfullyswollen joints on his hands and painful knots on his feet. He mainly watches television, goes for short walks and washes dishes sometimes. He testified the arthritis from which he suffers keeps him from doing just about anything, including at times such everyday tasks as holding a coffee cup, brushing his hair, buttoning his clothes and getting out of the bathtub. He cannot engage in any hobbies or activities that involve reaching overhead or behind. -2- |
Knox County | Workers Compensation Panel | ||
| Margaret Elizabeth Butler v. Txas Boot, M1999-00674-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: John D. Wooten, Jr., Judge The appellant contends the trial judge erred (1) in determining the employee's condition arose out of the employment and (2) in applying Tenn. Code Ann. _ 5-6-242, and (3) that the award is excessive. |
Smith County | Workers Compensation Panel | ||
| James David Ramsey, Jr. v. Crockett-Phillips Construction, et al M1999-01008-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: J. O. Bond, Judge The employer and its insurer have appealed, contending the trial court's award of permanent disability benefits based on the functional equivalent of one hundred percent to both legs is excessive. |
Crockett County | Workers Compensation Panel | ||
| Massengill v. Liberty Mutual Ins. Co. E1999-01180-WC-R3-CV Authoring Judge: Thayer, Sp. J. Trial Court Judge: James B. Scott, Jr., Circuit Judge 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 appellant-employer appealed the trial court's ruling awarding appellee-employee 75 percent permanent disability benefits to his right arm. On appeal, appellant argues the award should have been fixed to the body as a whole since the injury was mainly to the employee's right shoulder. Judgment is modified to fix the award at 12 percent disability to the body as a whole as an injury to an extremity or shoulder is not a scheduled member. |
Knox County | Workers Compensation Panel | ||
| James Meyers v. Continental Casualty Company E1999-01593-WC-R3-CV Authoring Judge: Thayer, Sp. J. Trial Court Judge: Howell N. Peoples, Chancellor 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 appellant-employer appealed the trial court's ruling finding the appellee-employee was entitled to an award of permanent disability benefits at 6 percent to the left hand. On appeal, appellant argues the award should have been confined to a scheduled member, the left thumb. The employee insists the appeal is frivolous. Judgment of the trial court is affirmed as the injury to the left thumb causes an unusual and extraordinary condition affecting the hand. The appeal is not found to be frivolous. |
Knox County | Workers Compensation Panel | ||
| Samuel D. Nunley v. Carrier Corporation M1999-01640-WC-R3-CV Authoring Judge: Kurtz, Sp.J. Trial Court Judge: Jeffrey F. Stewart, Chancellor The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge. |
Grundy County | Workers Compensation Panel | ||
| Fred Petitt v. Associated General Contractors Self- E1999-00367-WC-R3-CV Authoring Judge: Thayer, Sp. J. Trial Court Judge: W. Frank Brown III, Chancellor 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 appellant-insurance fund appealed the trial court's award of 35% disability to the body as a whole under T.C.A. _ 5-6-241(a)(2) after a reconsideration hearing. On appeal, appellant argues the award was improper because it was not established that the loss of employment was causally related to his injury and that the increased award was excessive. Judgment of the trial court is affirmed as recent ruling in Niziol v. Lockheed Martin Energy Systems, Inc. by the Supreme Court controls the reconsideration issue and award was reasonable and not excessive. |
Knox County | Workers Compensation Panel | ||
| Dorothy Taylor v. Senior Citizens Services, Inc., W1999-02152-WC-R3 Authoring Judge: Weatherford, Sr. J. Trial Court Judge: Robert L. Childers, Judge 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 plaintiff, Dorothy Taylor, appeals the judgment of the Circuit Court of Tennessee for the 3th Judicial District at Memphis, where the trial court found: (1) that Ms. Taylor failed to give proper notice to her employer regarding her carpal tunnel injury, (2) that if the trial court had found the carpal tunnel injury to be compensable, it would have awarded Ms. Taylor a 1% permanent impairment to each extremity and temporary total disability benefits up to May 7, 1997, (3) that Ms. Taylor had a 1% permanent impairment to the body as a whole as a result of a back injury and awarded a judgment in the amount of $6,43.2, (4) that Ms. Taylor was entitled to open medical benefits for life as they related to the specific back injury she suffered on January 31, 1994, (5) that the defendants were not required to pay for unauthorized medical bills for treatment of Ms. Taylor's back or (6) for the evidentiary deposition of John Howser, M.D. For the reasons stated in this opinion, we affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225 (e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. WEATHERFORD, SR. J., in which HOLDER, J., and MALOAN, SP. J., joined. Albert G. McLean, Memphis, Tennessee, for the appellant, Dorothy Taylor . Wm. B. Walk, Jr., Memphis, Tennessee, for the appellees, Senior Citizens Services, Inc. d/b/a Senior Services, and Hartford Insurance Co. MEMORANDUM OPINION The employee, Dorothy Taylor, was forty years old at the time of trial. She has an 11th grade education and later took a course and became a certified nursing assistant. Ms. Taylor worked for Senior Citizens Services, Inc. as a personal care aid from October 17, 1988 until April 27, 1994. Her daily job activities included lifting patients in and out of wheel chairs and putting them in the tub, giving bed baths, making beds, doing some house cleaning, cooking, running errands, and taking vital signs. Prior to her job at Senior Citizens Services, Inc., Ms. Taylor worked for Court Manor Nursing Home for two years where she performed the same job activities. Before working at Court Manor Nursing Home, she worked for a cleaners as a flat iron worker for about seven (7) months. Prior to that time, she and her husband had operated a restaurant lounge from 1983 to 1985 where she handled the paper work, the purchasing and inventory. She also worked behind the bar. Ms. Taylor stated that she had injured her back in 1991, but had recovered after being off work for about three months. She also testified that she hurt her right hip and shoulder in June of 1993, but was only off a few days from that injury. She never received any permanent disability benefits from either prior injury. Ms. Taylor testified that she injured her back on January 31, 1994, when she was putting a patient back to bed. Ms. Taylor had the upper part of the patient's body while another person was holding the patient's legs. When the other person dropped the patient's legs, Ms. Taylor twisted her back and she heard a "pop" in her lower back and it started to hurt "real bad." Pursuant to the company's procedures, Ms. Taylor advised the work schedulers of her injury and they in turn were to inform her supervisor. About two weeks later, Ms. Taylor personally told her supervisor, Mattie Hewlett, about the accident. Ms. Taylor testified that she stayed off work for three days and then attempted to go back to work, but was unable to do so because of back pain. She saw her family doctor, Dr. A. E. Horne, one (1) week exactly from the date of the accident. Prior to this time, she had not been given the names of any workers' compensation approved doctors. Ms. Taylor stayed off work approximately one (1) month after the accident. Senior Citizens Services authorized Ms. Taylor to see Dr. Mark Harriman, who began his treatment of Ms. Taylor in March of 1994. Dr. Harriman testified that: My exam at that time was fairly non-physiologic. I did not think that there was anything going on. She was very histrionic in her presentation. She had pain to light touch, had pain when I checked her deep tendon reflexes. Otherwise, she was neurologically intact. I felt like at that time we should just give her a few days to get ready and go back to work and sent her back to work as of the 22nd of March. Dr. Harriman also stated, "She was very jumpy on exam, exhibited signs of symptom magnification without any real physical exam findings to go along with it." -2- |
Shelby County | Workers Compensation Panel | ||
| Mary Zelek v. Flagstar System, M1999-00269-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: J. O. Bond, Judge The employer contends the trial judge erred by accrediting the expert medical testimony of a non-approved physician chosen by the employee, or her attorney, and that the award of permanent partial disability benefits is excessive. |
Wilson County | Workers Compensation Panel | ||
| Thomas Rodgers, v. Tennessee Department of Corrections M1999-02585-COA-R3-CV Authoring Judge: Herschel Pickens Franks, J. Trial Court Judge: Hon. Carol L. Mccoy, Chancellor In this Declaratory Judgment plaintiff sought statutory credits on his prison sentences. The Trial court granted the State summary judgment. On appeal, we affirm. |
Davidson County | Workers Compensation Panel | ||
| Shirley B. Rodgers v. Guys & Gals, Inc., M1999-01538-WC-R3-CV Authoring Judge: Kurtz, Sp.J. Trial Court Judge: Tom E. Gray, Chancellor The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge. |
Sumner County | Workers Compensation Panel |