Hubert M. Hurd v. General Shale Products Corporation, et al.
03S01-9603-CH-00026
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. H. David Cate,
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. Defendants, General Shale Products Corporation and CNA Insurance Compa ny, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 3% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. Plaintiff Hurd was injured in the course and scope of his employment on August 2, 199, while manually rolling up a truck cover. The equipment did not work properly, and plaintiff was pushing with his right arm when he tore a biceps tendon. Plaintiff was 63 years of age at the time of the trial. He completed the 8th grade and later received a G.E.D. certificate. He had been employed by General Shale for 41 years and at the time of the accident was operating a dump truck. During his entire employment, he had worked at different positions such as a grinding machine operator, a brick machine operator, a fireman on the kiln, a forklift operator and a front-end loader operator. He continued to work after the accident at the same job as his employer installed an electric motor on the vehicle which would roll up the truck cover and eliminate the manual operation. Although he has continued to work, he told the court he does not have the strength in his arm and shoulder as prior to this injury; he testified his grip in his arm is now weak and when he carries anything, it is hard to straighten his arm back out. Dr. John Bell, an orthopaedic surgeon, treated plaintiff for his injuries. His testimony, which was by deposition, indicated plaintiff had sustained an injury to his arm and shoulder from the tear of the tendon and a neck injury where there was an aggravation of a previous condition due to degenerative changes. He 2

03C01-9512-CC-00392
03C01-9512-CC-00392
Trial Court Judge: E. Eugene Eblen

03C01-9512-CC-00408
03C01-9512-CC-00408
Trial Court Judge: Joe B. Jones

03C01-9603-CR-00112
03C01-9603-CR-00112
Trial Court Judge: Ray L. Jenkins

03C01-9605-CR-00184
03C01-9605-CR-00184

03C01-9606-CC-00244
03C01-9606-CC-00244
Trial Court Judge: Lynn W. Brown

Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: HON. ROBERT S. BRANDT
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon.

Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Trial Court Judge: Hon. Robert S. Brandt,

State vs. Robert Rayford
02C01-9702-CR-00079

State Farm & Casualty vs. Pickral, et. ux.
01A01-9609-CV-00409
Trial Court Judge: Thomas Goodall

Fisher & Bell vs. Metro Gov't.
01A01-9609-CV-00402
Trial Court Judge: Walter C. Kurtz

Davis vs. Burson
01A01-9610-CH-00498
Trial Court Judge: Ellen Hobbs Lyle

Houser vs. Traughber
01A01-9610-CH-00483
Trial Court Judge: Robert S. Brandt

01A01-9604-CH-00362
01A01-9604-CH-00362
Trial Court Judge: Samuel L. Lewis

Jones vs. Jones
01A01-9607-CV-00346
Trial Court Judge: Thomas Goodall

Brooks vs. Brooks
01A01-9607-CV-00312
Trial Court Judge: M. Shipley

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. George H. Brown, Jr.
This worker's compensation appeal has been referred to the special worker's 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. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.

Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
Authoring Judge: W. Neil Thomas, III
Trial Court Judge: Jerri Bryant, Chancellor
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.

03A01-9608-CH-00247
03A01-9608-CH-00247

03A01-9607-JV-00234
03A01-9607-JV-00234

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

03C01-9603-CC-00088
03C01-9603-CC-00088

Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042