Gardner v. Modine Mfg. Co.

Case Number
03S01-9710-CV-00127

 

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code3 Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.  The employer, Modine Manufacturing Company, Inc., has appealed from the action of the trial court in awarding the employee, Jamia B. Gardner, 80% permanent partial disability to each arm.  The trial court dismissed the case against the Second Injury Fund. On appeal the employer contends (1) there was no evidence of a permanent injury to the employee’s left arm, (2) the award of 80% to each arm was excessive and (3) the trial court was in error in dismissing the case against the Second Injury Fund.  The Second Injury Fund also contends the awards of disability are not supported by the evidence but insists the court was correct in holding it was not liable for payment of benefits.

Authoring Judge
Roger E. Thayer, Special Judge
Originating Judge
Hon. James B. Scott, Jr., Circuit Judge
Case Name
Gardner v. Modine Mfg. Co.
Date Filed
Dissent or Concur
No
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