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

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

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

03C01-9606-CC-00210
03C01-9606-CC-00210
Trial Court Judge: Ben W. Hooper, II

03C01-9606-CC-00211
03C01-9606-CC-00211

03C01-9508-CC-00243
03C01-9508-CC-00243
Trial Court Judge: William R. Holt

03C01-9511-CC-00365
03C01-9511-CC-00365

03C01-9512-CC-00412
03C01-9512-CC-00412

03C01-9601-CR-00021
03C01-9601-CR-00021

03C01-9602-CC-00078
03C01-9602-CC-00078

03C01-9601-CC-00038
03C01-9601-CC-00038
Trial Court Judge: Frank L. Slaughter

02C01-9510-CR-00301
02C01-9510-CR-00301
Trial Court Judge: Joseph B. Dailey

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

Huttchson vs. Cole
M1999-00204-COA-R10-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

Jerry T. Matheny v. Insurance Co. of North America
02S01-9604-CH-00034
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. J. Steven Stafford,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the trial court erred in not enlarging an award, pursuant to Tenn. Code Ann. section 5-6- 241(a)(2). As discussed below, the panel has concluded the judgment should be affirmed. The injury in question occurred on September 5, 1992 to the claimant's neck. The claimant was treated by a physician who assigned a permanent impairment rating of eight percent to the body. The claimant returned to work at a wage equal to or greater than the wage he was receiving at the time of the injury and was awarded permanent partial disability benefits on the basis of two and one-half times the impairment rating, or twenty percent to the body as a whole, paid in a lump sum. The award was made on March 22, 1994. On May 9, 1994, the claimant suffered another injury to his neck at work. From that injury, superimposed upon two previous injuries, including the one in question, he was found to be one hundred percent permanently disabled and awarded benefits accordingly. Because of the disability resulting from the most recent injury, the claimant is unable to return to work. The claimant contends he is therefore entitled to have the previous award enlarged. For injuries arising after August 1, 1992, by Tenn. Code Ann. section 5-6-241(a)(1), in cases where an injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability award the employee may receive istwo and one-half times the medical impairment rating. By Tenn. Code Ann. section 5-6- 241(a)(2), if the injured worker thereafter loses his or her pre-injury employment, the court may, upon proper application made within one year of the employee's loss of employment, and if such loss of employment is within four hundred weeks of the day the employee returned to work, enlarge the award to a maximum of six times such impairment rating, allowing the employer credit for permanent partial disability benefits already paid for the injury. The only reasonable interpretation of subsection (2) is that if the injured worker's later loss of employment is causally related to the injury for which an award has been made, the trial judge has the discretion to enlarge the award, if the application is timely made. Any other interpretation would be inconsistent with the long standing rule that an employer takes the employee as 2

Ronald L. Shook v. Yates Construction Co., Inc., et al.
03S01-9602-CV-00011
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Harold Wimberley,
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 employee or claimant, Shook, contends the evidence preponderate against the trial judge's finding that his psychological condition did not arise out of his employment. The panel has concluded that the judgment should be affirmed. The claimant has a long history of mental illness, including severe depression and post-traumatic stress disorder, and drug and alcohol abuse. He has been hospitalized and received out-patient care since his discharge from military

02S01-9509-CV-00074
02S01-9509-CV-00074

02S01-9607-CH-00062
02S01-9607-CH-00062

01A01-9607-CV-00316
01A01-9607-CV-00316
Trial Court Judge: Robert E. Corlew, III

01A01-9608-CH-00371
01A01-9608-CH-00371
Trial Court Judge: Robert S. Brandt

01A01-9601-CV-00036
01A01-9601-CV-00036
Trial Court Judge: Bobby H. Capers

01A01-9607-CH-00336
01A01-9607-CH-00336
Trial Court Judge: Irvin H. Kilcrease, Jr.

01A01-9606-CV-00251
01A01-9606-CV-00251
Trial Court Judge: Barbara N. Haynes