Opinions

State vs. Daynelle M. Kyle
03C01-9808-CR-00273

Douglas Radant vs. Robert Earwood
02A01-9802-CV-00029
Trial Court Judge: Kay S. Robilio

Virginia McGuire vs. Exxon Corp.
02A01-9805-CV-00129
Trial Court Judge: James E. Swearengen

Rosie Johnson vs. Delia Avery
02A01-9803-CV-00079
Trial Court Judge: D. J. Alissandratos

Lamar Fletcher vs. TN Claims Comm.
02A01-9803-BC-00076

Frank Butler vs. Melody Butler
02A01-9807-CH-00184
Trial Court Judge: Joe C. Morris

State vs. Brown
02S01-9710-CR-00085

Carter v. Morristown-Hamblen
03S01-9806-CV-00055
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Kindall Lawson,
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, Jean E. Carter, has appealed from the action of the trial court in dismissing her claim by sustaining a motion for summary judgment filed by the employer, Morristown-Hamblen Hospital Association. The circuit judge ruled the claim was barred because of the expiration of the one year statute of limitations. The record indicates plaintiff was injured at work on June 24, 1992. The complaint for workers' compensation benefits was filed on September 16, 1997, which was over five years after the accident. It is apparent the accident was treated as a compensable claim as the insurance company had paid medical bills totaling $69,495.23 prior to the period of time in question and had also paid a total of $7,182. in temporary total disability benefits for the periods June 25, 1992 through July 2, 1992 and December 7, 1993 through May 1, 1994. Also a total of $16,791.13 in "temporary partial disability payments" had been paid to plaintiff for the period May 2, 1994 through February 18, 1996. Defendant's motion for summary judgment is supported by the affidavit of Deborah Howard, an insurance claims adjuster. It establishes the last payment of benefits was during March 1996 and the last payment of a medical expense was on July 8, 1996 in the sum of $7.96 for medication purchased during December 1993. Plaintiff responded to the motion by filing an affidavit, attaching letters which she had received from the insurance company and filing defendant's answers to interrogatories. Her affidavit stated she was 72 years of age and had been employed as a registered nurse at the hospital; that she had sustained injuries to both knees and she was not aware there was a time limit requiring her to take any action concerning her claim; that she never thought about it being necessary to file a lawsuit; that the insurance company had paid her medical bills and had been paying her for her injuries; that the only time a suggestion was made concerning a period of time to take action was when she received the August 27, 1997 letter advising the time 2

Ryan v. Hancock Fabrics, Inc.
03S01-9803-CH-00025
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. R. Vann Owens,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the chancellor erred in finding "that the claimed bilateral carpal tunnel syndrome was proximately caused through the 18 days of Mr. Ryan's employment.". As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Ryan, initiated this action to recover medical and disability benefits. The employer denied any liability. As stated in the employer's brief, the issue in the case involves the trial court's finding that there was a causal connection between the employment and the injury. Because the issue is one of fact, we have reviewed the case 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. section 5-6-225(e)(2). The claimant began working for the employer on or about August 1, 1995, doing remodeling work, including carpentry, painting, installing tile and other general labor, all involving repetitive use of the hands. On August 17, 1995, he fell from a ladder, attempting unsuccessfully to catch himself with his hands. He received emergency and follow-up care at Physicians Care, but continued working until the employer's remodeling project was completed. On August 31, 1995, he complained of numbness in his left arm, both hands and his neck and shoulder. On October 18, 1995, the claimant was seen by Dr. Lester Littell, who, according to his notes, diagnosed "moderate right carpal tunnel syndrome" and "C6 radiculitis." On November 24, 1995, a magnetic resonance report from Erlanger Medical Center, reflected "minimal spurring on the left at the C3-C4 level." On March 3, 1996, Dr. Littell again examined the claimant and diagnosed "mild damage to the left C6 cervical root." The doctor continued to follow the claimant's progress and found maximum medical improvement on May 15, 1996. On June 6, 1996, the doctor assigned the claimant's permanent impairment first at "5% based on spine pain," then at "8% to the upper extremity," using appropriate guidelines. When the claimant continued to have symptoms, Dr. Littell recommended a second opinion. In his deposition, the doctor did not express an opinion as to whether the injuries were causally related to the employment. However, in a letter, he stated that the bilateral carpal tunnel syndrome was unrelated to the fall at work. On August 2, 1996, still in pain, the claimant went to work for Custom Curb, Inc., as a welder. Custom Curb is not a party to this litigation. On February 21, 1997, the claimant was seen by Dr. Carl W. Dyer, Jr., who diagnosed, after thorough examination, bilateral carpal tunnel syndrome and possible cervical radiculopathy consistent with the accident at work or other work activities. After a second examination on March 27, 1997, this doctor opined that the carpal tunnel injury was directly related to the fall at work, to 2

Morris vs. State
01S01-9804-BC-00076

State vs. Meyer
03S01-9812-CR-00140

Taylor vs. State
02S01-9806-CR-00054

State vs. Rogers
02S01-9804-CR-00035

Lance Lanier v. Hubert Bane
M2000-03199-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Clara W. Byrd
Plaintiff guest passenger appeals the trial court's denial of recovery in his action against his host driver for injuries suffered in a one car accident. The jury found him to be 50% responsible for his own injuries and upon such verdict the trial court entered judgment for the defendant. We affirm the action of the trial court.

03A01-9810-CV-349
03A01-9810-CV-349
Trial Court Judge: Jerry Kerley, Larry Futrell

Larry Anthony Bosheers v. Spontex, Inc. And/Or Total U.S. Group
01S01-9712-CV-00275
Authoring Judge: Per Curiam
Trial Court Judge: Larry Anthony Bosheers,

Charles Jones v. Tridon, WaUSAu Ins. Co., Royal Ins. Co.& Liberty Mut. Ins. Co.
01S01-9712-CV-00272
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Robert E. Corlew,

Taylor vs. State
01A01-9707-CH-00338

Tucker et al vs. Turner
01A01-9708-CV-00426
Trial Court Judge: James E. Walton

Owens vs. Owens vs. Owens
01A01-9709-CH-00471
Trial Court Judge: William B. Cain

Williams vs. 7-11
01A01-9710-CV-00560
Trial Court Judge: Thomas Goodall

Schindel vs. Bass
01A01-9711-CV-00655
Trial Court Judge: Barbara N. Haynes

Miglin vs. Miglin
01A01-9802-CH-00080
Trial Court Judge: Jim T. Hamilton

In re: Estate of Harold Jenkins
01A01-9804-PB-00223
Trial Court Judge: Tom E. Gray

State vs. Denny James McAbee
01C01-9712-CR-00561
Trial Court Judge: J. Randall Wyatt, Jr.