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Rhonda Pritchett V.Brewer, Krause & Brooks & American Mining Insurance Co . M1998-00715-SC-WCM-CV Authoring Judge: Per Curiam Trial Court Judge: Rhonda Pritchett This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.	Davidson County	Workers Compensation Panel	01/28/00
Rex Taylor v. Emerson Motor Company W1999-00497-SC-WCM Authoring Judge: William Michael Maloan, Special Judge Trial Court Judge: Creed Mcginley, 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 defendant, Emerson Motor Company (Emerson), appeals the judgment of the Circuit Court of Decatur County, where the trial court found: (1) an injury by accident, (2) the plaintiff, Rex Taylor (Taylor), did not have a meaningful return to work, and (3) awarded the maximum benefits of two hundred sixty (26) weeks of benefits under Tennessee Code Annotated, _5-6-27 (4). 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 MALOAN, SP. J., in which HOLDER, J., and WEATHERFORD, SR. J., joined. P. Allen Phiillips and B. Duane Willis, Jackson, Tennessee, for the appellant, Emerson Motor Company. Gayden Drew IV, Jackson, Tennessee, for the appellee, Rex Taylor MEMORANDUM OPINION At the trial of this case, Taylor was sixty-two (62) years old and completed the fifth (5th) grade in school. He testified he can only read or write "little stuff" and would be unable to read a newspaper. He does not have any vocational training. Taylor began working at age fifteen (15) in his uncle's garage. He worked for United Foods on a production line for five (5) years. He then farmed and drove tractors for a few years and worked in a service station for nine (9) or ten (1) years. He worked at Standard Oil for eleven (11) years doing machinery maintenance before he began to work for Emerson in the maintenance department. On November 2, 1997, Taylor injured his back while using a sledge hammer to loosen a frozen bearing on a lathe shaft. He felt a "pop" and pain in his low back and left leg. Prior to this injury, Taylor did not have any back problems. Taylor continued to work for Emerson at the same wage as before his injury until he retired in May 1999. He testified fellow workers assisted him; he sat down when necessary; he limited his lifting and climbing; and he obtained a parking card so he would not have to walk across the parking lot. He stated, "I kept dragging around with everybody's help, helping me out." During this time, he experienced a lot of back pain and finally retired due to the back pain and his limited ability to work. Dr. Glenn Barnett, a neurosurgeon in Jackson, Tennessee, was Taylor's treating physician. He first saw Taylor on July 2, 1998. A CT scan of Taylor's back showed significant degenerative joint disease in his lumbar spine, spondylolisthesis at L4 and L5, and evidence of an acutely herniated L4 disc. An EMG disclosed mild early peripheral neuropathy in his legs. Dr. Barnett was of the opinion the spondylolisthesis was not caused by his work, but could have been aggravated by his work injury, and the herniated L4 disc "certainly could have been caused by work injury or other injuries in his life." Dr. Barnett last saw Taylor on February 1, 1999. He felt Taylor should limit his lifting and be careful in how he lifts. Dr. Barnett assigned a ten percent (1%) permanent impairment to the body as a whole for his back condition and recommended Taylor work toward early retirement-- "get out of the plant and take it easy." Dr. John Brophy, a neurosurgeon in Memphis, saw Taylor on October 14, 1998, for a second opinion. Dr. Brophy diagnosed lumbar radiculopathy and back pain associated with lumbar spondylolisthesis. Although Dr. Brophy did not find any relationship between the work injury and the spondylolisthesis, he agreed the lumbar radiculopathy was aggravated by the injury. Dr. Brophy assigned an eight percent (8%) permanent impairment to the body as a whole. Taylor was examined by Dr. Joseph Boals, an orthopedic surgeon in Memphis, for an independent medical evaluation on November 11, 1998. Dr. Boals diagnosed spondylolisthesis at L4-5, degenerative disc disease at L4-5 and L5-S1, a ruptured L4 disc and severe loss of motion secondary to these conditions. Dr. Boals stated the injury aggravated Taylor's preexisting back problems. Dr. Boals assigned a twenty-four percent (24%) permanent impairment to the body as a whole and placed permanent restrictions of no prolonged walking, standing, squatting, lifting of more than five (5) pounds at a time, or any type of rotary or bending activities with his back. ANALYSIS The scope of review of issues of fact is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tennessee Code Annotated _5-6-225(e)(2). Lollar v Wal-Mart Stores, Inc., 767 S.W.2d 143 (Tenn. 1989). When a trial court has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved, considerable deference must be accorded -2-	Decatur County	Workers Compensation Panel	01/27/00
Gary Wayne Davis. v. Sumner County Board of Education M1998-00506-WC-R3-CV Authoring Judge: Per Curiam Trial Court Judge: Hon. James O. Bond This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.	Wayne County	Workers Compensation Panel	01/24/00
Judy Ann Walker v. Kingston Warren Corporation and Hartford Casualty Insurance Company 03S01-9902-CV-00025 Authoring Judge: Roger E. Thayer, Special Judge Trial Court Judge: Ben K. Wexler, Circuit 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 trial court awarded plaintiff, Judy Ann Walker, 56% permanent disability benefits to the body as a whole. In ruling on the issues, the court found plaintiff had sustained two ruptured discs and held the first injury was compensable but the second injury was not work-related. The employer, Kingston Warren Corporation, has appealed insisting the trial court was in error in holding the first ruptured disc was work-related and also raising a notice question regarding the first injury. The employee also appeals arguing the award for the first injury should be increased and that the second injury was work-related. We have carefully examined the record and must conclude the evidence does not preponderate against the findings of the trial court. Plaintiff was 5 years of age and had been working for Kingston several years. She was assigned to new work duties about two weeks before the day in question. The new job required her to operate a molding machine. She stated the machine was new and it was difficult to open and close and it involved a great deal of movement of her arms to operate it correctly. She testified that on Friday, April 26, 1996, while working at the machine, she began to experience pain in her back; she started perspiring and became nauseated. She testified she finished the work shift and was not feeling any better as she left work; that she thought she had a kidney infection as she had these same symptoms before with an infection of this nature. Plaintiff testified that upon reaching her home, she could not get out of the car and she sounded the horn until her husband came out and assisted her into the house. At this time she said she was having severe muscle spasm along with back and leg pain. On Monday, April 29, 1996, she stated she called the company nurse and told her she was sick and that she had started having a backache at work but thought she just had a kidney infection. Sometime later she applied for short- term disability insurance benefits and indicated on the application the event was not work- related. 2	Knox County	Workers Compensation Panel	01/12/00
Thomas Richard Cate v. Charles Tooley, d/b/a Tooley Automatic Transmission Service 03S01-9810-CV-00118 Authoring Judge: Howell N. Peoples, Special Judge Trial Court Judge: Hon. Richard R. Vance, 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 employee appeals the dismissal of his claim for workers' compensation benefits. The trial court found (1) that Thomas Richard Cate was not acting in the course and scope of his employment with Charles Tooley d/b/a Tooley Automatic Transmission Service (hereafter "Charles Tooley") when he was injured, and (2) that Mr. Cate failed to give the required statutory notice of the injury to his employer. We affirm.	Knox County	Workers Compensation Panel	01/12/00
Oca Crai v. Thomas & Betts Corporation 03S01-9903-CV-00026 Authoring Judge: Roger E. Thayer, Special Judge Trial Court Judge: Hon. Lawrence Puckett, 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 employer, Thomas & Betts Corporation, has appealed from the action of the trial court in awarding plaintiff, Oca Crain, 1% permanent disability to her right foot. The only issue is whether the 1% award to the foot is excessive. Mrs. Crain sustained a work-related injury on July 9, 1996, when a forklift truck ran over her foot and then backed up and ran over the foot a second time. She was 63 years of age at the time of the accident and 65 years old at the time of the trial. She completed the 1th grade and had worked for defendant for about 27 years. At the time of her injury, she was working as an "assembler" which required standing on her feet most of the time. After being off work for about three months, she returned to light duty work. The defendant attempted to accommodate her work restrictions and changed her job to a "bagger" which permitted her to sit down and afforded her an opportunity to elevate her injured foot. She worked at this job for about nineteen months until she fell at home and injured her shoulder. At the trial below, she had not returned to work and did not think she could return. She testified that after returning to work from the foot injury, she still had problems with her foot such as pain, swelling, tingling toes and numbness; that she had to keep her foot elevated 75% of the time and that her production rate was not at the required level; that she could not do her housework, mow her yard and many other things she enjoyed doing before the accident. She said she had planned to continue working as long as she could as her income was limited since she lived by herself. Plaintiff came under the care of Dr. William J. Drury, an orthopedic surgeon, who testified by deposition. He saw her eleven times during the seven month period of treatment. Dr. Drury testified she had a severely crushed foot with fractures of two toes; that the fractures did not heal and probably would not heal properly due to poor circulation in her foot; that this resulted because blood vessels were severely damaged and surgery would not be helpful. His prognosis was that although the bad 2	Knox County	Workers Compensation Panel	01/10/00
Lana R. Woods v. Modine Manufacturing Company 03S01-9807-CH-00143 Authoring Judge: Howell N. Peoples, Special Judge Trial Court Judge: Hon. Jean A. Stanley 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). At the time of trial, the plaintiff was 24 years of age. He had a high school diploma and some college hours. Prior to working for the defendant, the plaintiff worked as a salesperson in retail stores.	Knox County	Workers Compensation Panel	01/10/00
Tommie Faye Burnette v. Olan Mills, Inc. 03S01-9807-CH-00081 Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Hon. Van Owens 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. 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 alleged she suffered from an occupational illness, to wit, reactive airways disease. The trial judge found the plaintiff did not have an industrial illness but that she had asthma, bronchitis and emphysema, which was aggravated by the conditions under which she worked. The trial judge found the plaintiff had sustained a 6% whole body disability as a result of the aggravation of her pre-existing condition. The defendant says the evidence does not support the finding and further claims the plaintiff failed to give notice of her injury as required by TENN. CODE ANN. _ 5-6-35. We affirm the judgment of the trial court.	Knox County	Workers Compensation Panel	01/07/00
Edward Ray Howell, Jr. v. Php Companies, Inc. and Tennessee Department of Labor, Second Injury Fund 03S01-9809-CH-00108 Authoring Judge: Hon. Frederick D. Mcdonald, Chancellor Trial Court Judge: Hon. Frederick D. Mcdonald, 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 employee, Edward Ray Howell, Jr., has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor found that the injury in question did not aggravate his previous physical condition to the extent of constituting an anatomical change as a result of the accident. Plaintiff was 39 years of age and was employed as a mail sorter for defendant, PHP Companies, Inc. In this appeal he contends he was injured on September 3, 1996, while lifting a large bag of mail out of the trunk of his supervisor's automobile. He sought a determination that he was totally disabled claiming both physical and mental injuries. Prior to the incident in 1996, he had sustained numerous injuries to his body and some were work-related. During this prior period of time, he was also seen and treated for psychiatric problems which resulted in hospitalization during 1992. The following would generally summarize his prior physical problems: In 1985 or 1986, he suffered neck and back injuries as a result of an auto accident; in 1988 he sustained a work-related injury to his right shoulder resulting in 3% disability award; in 1989 he sustained injuries to his left femur, right knee and facial injuries from an auto accident; in 199 he slipped and fell while at work for another employer and was awarded 1% disability; in 1991 he began having problems with his left shoulder which resulted in surgery being performed in 1992; in 1993 he sustained injuries to his neck and back in an auto accident; and in 1996, prior to the incident in question, he injured his right arm and shoulder by falling at a Burger King restaurant, which resulted in surgery shortly after the incident in question. Plaintiff testified that he had total of 26 surgical procedures for various problems prior to the September 3, 1996 accident and three surgical procedures (knee injuries, right shoulder and left shoulder) after the event. The evidence is quite clear that after receiving the 1% award of disability for the 199 injury, he entered a rehabilitation program and over a period of time 2	Knox County	Workers Compensation Panel	01/06/00
James Nay v. Resource Consultants, Inc. and The Hartford Accident Indemnity Co. M1996-00016-WC-R3-CV Authoring Judge: Per Curiam Trial Court Judge: Hon. Irvin H. Kilcrease This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.	Davidson County	Workers Compensation Panel	01/03/00
	Warren County	Workers Compensation Panel	12/30/99
	Rutherford County	Workers Compensation Panel	12/27/99
	Hardin County	Workers Compensation Panel	12/20/99
	Davidson County	Workers Compensation Panel	12/20/99
	Sumner County	Workers Compensation Panel	12/20/99
	Marshall County	Workers Compensation Panel	12/20/99
	DeKalb County	Workers Compensation Panel	12/20/99
	McNairy County	Workers Compensation Panel	12/15/99
Janice Moore v. Yale Security, Inc., E2000-01757-WC-R3-CV Authoring Judge: William H. Inman, Sr. J. Trial Court Judge: Frank V. Williams, Chancellor The trial court found that this action was barred by the statute of limitations.	Moore County	Workers Compensation Panel	12/15/99
Lila Roberson v. The Insurance Co. of Pennsylvania W1998-00374-WC-R3-CV Authoring Judge: F. Lloyd Tatum, Special Judge Trial Court Judge: Hon. Joe C. Morris This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case arose out of an automobile accident on February 1, 1996, in which the plaintiff, Lila Roberson, suffered fractures to her lower right leg and injured her face. The trial court found that the plaintiff suffered these injuries during the course and scope of her employment with the defendant's insured, the National Federation of Independent Businesses (NFIB). The court awarded the plaintiff a 4 percent permanent partial disability to the right leg and a 15 percent disability to the body as a whole for the injuries to her jaw. The defendant appeals this decision and raises the following issues: (1) whether the trial court erred in finding that the plaintiff carried her burden of proof to show by expert medical testimony that her jaw injury was compensable; and (2) whether the trial court erred in the amount of vocational disability benefits awarded the plaintiff for her foot injury. Our standard of review on appeal in workers' compensation cases is de novo on the record with a presumption of correctness of the trial court's findings, unless the evidence presented preponderates otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard of review, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.	Madison County	Workers Compensation Panel	12/06/99
	Wayne County	Workers Compensation Panel	12/06/99
	Madison County	Workers Compensation Panel	11/29/99
Samuel Lopiccollo v. Paramount Pkg. Corp. and St. Paul Fire & Marine Ins. Co. M1998-00240-WC-R3-CV Authoring Judge: Samuel L. Lewis, Sp. J. Trial Court Judge: Hon. Robert Corlew, III This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance 2	Rutherford County	Workers Compensation Panel	11/19/99
	Davidson County	Workers Compensation Panel	11/19/99
	Rutherford County	Workers Compensation Panel	11/19/99