Ingram Book Co. v. Stacey Fitzgerald 01S01-9712-CV-00268
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Robert E. Corlew, III,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court 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, Ingram Book Company, contends the evidence preponderates against the trial court's findings that (1) the employee's injury was one arising out of and in the course of employment, (2) the award is not barred by the last injury rule and (3) the claimant retains a twelve percent vocational disability award. As discussed below, the panel has concluded the judgment should be affirmed. Twenty-eight-year-old Stacey Fitzgerald was hired as an executive secretary by Ingram Book Company in September of 1994. Between late February and mid March, she told her supervisor, Terry Cook, she was experiencing right arm pain and requested an ergonomic keyboard. In early June, 1995, a non-work related back injury caused Ms. Fitzgerald to take a temporary leave of absence. Upon her return to work in late August, she requested a part-time position to aid her recovery. Due to continued pain in her right arm, Ingram Book Company sent Ms. Fitzgerald to the Baptist Occupational Medicine facility on or about October 23, 1995. There, she was treated with anti-inflammatorymedicine, a wrist splint, and an elbow band. In November, 1995, Ms. Fitzgerald missed several days of work due to strep throat, a death in the family, and hospitalization for pneumonia. Ingram Book Company terminated her employment during her hospital stay. Following her termination, Ms. Fitzgerald was referred to Dr. Arthur Cushman, whom she saw twice. He concluded Ms. Fitzgerald had a zero percent anatomical impairment rating and assigned no permanent restrictions. Ingram Book Company then arranged for her to receive treatment from Dr. William Jekot. On January 17, 1996, Dr. Jekot diagnosed Ms. Fitzgerald as having mild cubital tunnel syndrome and tendinitis of the right elbow. During March of 1996, Ms. Fitzgerald obtained employment with the Daily News Journal running a newspaper route. However, she quit three months later claiming her preexisting condition caused problems in executing her duties. On May 21, 1997, Dr. Jekot requested a reevaluation visit with Ms. Fitzgerald to prepare for his deposition. Dr. Jekot diagnosed chronic 2
Rutherford
Workers Compensation Panel
Victor A. Wynn v. Perma-Fix and The Travelers Insurance Company 02S01-9711-CV-00099
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. John R. Mccarroll,
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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found the plaintiff suffered from a heart attack and resulting disablement which arose out of and in the course and scope of his employment with the defendant. Further, the trial court found the plaintiff was totally and permanently disabled as a result of this work injury. The defendants appeal and present the following issue: "I. The issue for determination of this Court is whether or not the evidence in this cause preponderates against the findings of the trial court that Plaintiff sustained an injury arising out of and in the course and scope of his employment resulting in a permanent and total disability." The judgment of the trial court is affirmed. The evidence in this case was presented by the plaintiff, who testified in person, and three other witnesses who testified likewise. These other witnesses were the plaintiff's wife and Pat Townsend and Claude Hunt, both co-workers who testified that the plaintiff suffered pain in his chest on September 2, 1994 while at work. The plaintiff also presented the depositions of Dr. Bennett Rudorfer and Dr. Grady L. Saxton. The defendant's proof consisted of the deposition of Patricio A. Ilabaca and the testimony of Tammy Boggs, whose official capacity with the defendant is not shown. Boggs introduced a packet of medical records from the plaintiff's personnel 2
Shelby
Workers Compensation Panel
Sammy Moore v. A. O. Smith 02S01-9709-CH-00082
Authoring Judge: J. Steven Stafford, Special Judge
Trial Court Judge: Hon. George R. Ellis,
Moore
Workers Compensation Panel
Doris Barnes v. Cigna Insurance Company 02S01-9710-CV-00087
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Julian P. Guinn,
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 findings, 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 court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court held the plaintiff had sustained a 4 percent permanent partial disability to the right arm1 and a 3 percent permanent partial disability to the left arm as a result of a gradually occurring injury which arose in the course of and in the scope of her employment with Martin Marietta Ordnance Systems, Inc. ("Martin Marietta"). The defendant, Cigna Insurance Company, appeals and raises the following issue about the award to the left arm: "1) Whether the trial court's award of 3% permanent partial disability to the left upper extremity was contrary to the weight of the evidence given the 6.35% anatomical impairment awarded by the evaluating physician and the zero percent (%) anatomical impairment awarded by the treating physician?" We find the award of 3 percent to the plaintiff's left arm was not contrary to the weight of the evidence and affirm the judgment of the trial court.
