01C01-9604-CC-00136
01C01-9604-CC-00136
Trial Court Judge: Donald P. Harris

Perry Miller vs. State
01C01-9606-CC-00239
Trial Court Judge: W. Charles Lee

01C01-9801-CC-00053
01C01-9801-CC-00053

State vs. George Harville
01C01-9607-CC-00300
Trial Court Judge: Thomas W. Graham

State vs. Porter
03C01-9606-CC-00238

State vs. Shannon Smith, Keith Versie, Michael Wofford
02C01-9508-CR-00241
Trial Court Judge: W. Fred Axley

State vs. Connie Fulton
02C01-9701-CR-00005

State vs. Ricky Harris
02C01-9610-CC-00324
Trial Court Judge: Joe G. Riley. Jr.

Pamela Massengill vs. Stanley Stewart
02A01-9612-JV-00309
Trial Court Judge: Howard Bailey

Handley v. Travelers
03S01-9611-CH-00113
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Earl H. Henley,
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. Plaintiff, Merlin Stephen Handley, has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor held plaintiff had failed to carry the burden of proof in establishing his heart attack was caused by his work activity. Plaintiff, 44 years of age, was employed by defendant, Canteen Food Services, Inc., as a route salesman. His duties required him to stock and service vending machines on an established route. On December 13, 1994, he had moved a large number of soft drink cases (75-8) prior to servicing vending machines on his route. This work was at a time when the building where he was working was particularly warm. He began to feel unusually short of breath; had some pain in his chest and tingling under his arm. After some period of time, he decided to go to a doctor who concluded he was having or was about to have a "full blown" heart attack. He was immediately admitted to a hospital where he remained for less than one week. After being discharged, he was off work for about six weeks. Sometime after returning to work, he continued to experience further problems and eventually terminated his employment with defendant. He found employment involving desk work where his income at the time of trial was somewhat higher than his earnings as a route salesman. Plaintiff testified he had never experienced any heart problems prior to his heart attack; that his mother had a heart attack in her fifties and he had a couple of uncles who died at a young age from heart disease. He also admitted he had smoked since the age of twenty and was a heavy smoker consuming one and a half to two packs a day. The only expert medical testimony was the deposition of Dr. Gregory Brewer, a cardiologist who treated plaintiff. His diagnosis was acute myocardial infarction. He 2

State vs. Edward L. Kelly
M1999-01091-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Seth W. Norman

Mozella & Clevin Wright vs. city of Rossville TN
02A01-9609-CV-00213
Trial Court Judge: Jon Kerry Blackwood

02A01-9511-CH-00256
02A01-9511-CH-00256
Trial Court Judge: C. Neal Small

Bjork vs. Bjork
01A01-9702-CV-00087
Trial Court Judge: Robert E. Corlew, III

Caldwell vs. Nissan Motor Manufacturing
01A01-9703-CV-00096
Trial Court Judge: Don R. Ash

Sellers vs. Anderson
01A01-9703-CV-00114
Trial Court Judge: Walter C. Kurtz

Berryhill vs. Swinea, et. al.
01A01-9702-CH-00082
Trial Court Judge: James L. Weatherford

State vs. Reneau
03C01-9610-CC-00367
Trial Court Judge: D. Kelly Thomas, Jr.

Walden vs. State
03C01-9610-CR-00372
Trial Court Judge: Ray L. Jenkins

Wilson vs. State
03C01-9612-CR-00452
Trial Court Judge: Lynn W. Brown

State vs. Kaufmann
03C01-9607-CC-00260
Trial Court Judge: D. Kelly Thomas, Jr.

Tracy Jenkins v. Bridgestone/Firestone, Inc.
01S01-9607-CV-00144
Authoring Judge: Hon. Robert E. Corlew, III,
Trial Court Judge: Hon. Robert E. Corlew, III,
Robert S. Brandt, Senior Judge

Emily Mills v. Baptist Hospital of East Tennessee, Inc.
03S01-9611-CV-00110
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Dale C. Workman,
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 found the plaintiff had sustained a 1 percent vocational impairment to her left lower extremity as a result of an injury to her knee on September 25, 1991. The trial court further found the plaintiff reached maximum medical improvement on March 3, 1993. Additionally, the trial court found the defendant was not liable for medical bills incurred by the plaintiff after March 3, 1993. The plaintiff appeals and claims the trial court erred in limiting the recovery to ten percent, that the period of temporary total disability should have extended until April 15, 1995, and that the trial court erred in holding the defendant was not liable for medical bills after March 3, 1993. The defendant raises as an issue the claim that the plaintiff has failed to show she sustained any disability as a result of her injury. We find the judgment of the trial court should be affirmed in all things except for the award of ten percent permanent vocational disability to the lower extremity. We find from the record the plaintiff is entitled to recover at the rate of 25 percent for the injury to her left lower extremity. The plaintiff was age 51 at the time of the trial; she had a high school diploma and was a certified nursing assistant. On September 25, 1991, she fell while working for the defendant. The medical evidence in this case was given by Dr. William M. Hovis, an orthopedic surgeon. Dr. Hovis found the plaintiff had a pre-existing arthritic condition in both knees. Dr. Hovis testified this can be exacerbated or accelerated by trauma. Dr. Hovis treated the plaintiff for the injury to her knee by various means. He testified she had reached maximum medical recovery on March 3, 1993. Dr. Hovis was of the opinion the plaintiff had a 15 percent impairment to her left leg, with five percent of this caused by the fall and the remainder by the arthritic condition. W hether Dr. Hovis placed restrictions on the plaintiff because of her injury when she returned to work is less than clear. He testified she should refrain from climbing, squatting and kneeling. Dr. Hovis testified the restrictions were based on her overall condition. 2

Alma Jean Grayson v. Healthtrust, Inc., The Hospital Co.
01S01-9607-CH-00153
Authoring Judge: Senior Judge James L. Weatherford
Trial Court Judge: Hon .

State vs. Powers
03C01-9606-CC-00222