01C01-9506-CC-00196
01C01-9506-CC-00196

01C01-9508-CR-00249
01C01-9508-CR-00249

01C01-9509-CC-00313
01C01-9509-CC-00313
Trial Court Judge: J. S. Daniel

01C01-9509-CR-00289
01C01-9509-CR-00289

01C01-9504-CC-00108
01C01-9504-CC-00108

01C01-9504-CC-00109
01C01-9504-CC-00109

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

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

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

03C01-9503-CR-00106
03C01-9503-CR-00106
Trial Court Judge: Thomas W. Graham

Reva Pitts v. National Union Fire Insurance Company and Sue Ann Head Director of The Division of Workers' Compensation Tennessee Department of Labor, Second Injury Fund
03S01-9509-CH-00108
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Billy Joe White,
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's insurer, National Union, asserts that the evidence preponderates against the trial court's findings that (1) the claimant's injury was one arising out of her employment, (2) the claimant is permanently and totally disabled , and (3) the claimant gave the required notice to the employer. The Second Injury Fund (the Fund) asserts that the evidence preponderates against the trial court's finding that (1) the claimant is permanently and totally disabled and (2) the claimant is entitled to more than twenty-two weeks of temporary total disability. The panel has concluded that the judgment should be modified as set forth below. The employee or claimant, Reva Pitts, is thirty-nine and has ahigh school education. She has some computer training. From a previous injury she received a workers' compensation based on forty percent to the body as a whole. In her duties as a tire builder for the employer, Dico Tire, Inc., she operated a machine by pushing foot pedals. As a result, she gradually developed foot pain in both feet, which, on July 24, 1992, Dr. James Engblom diagnosed as tarsal tunnel syndrome, superimposed on other foot maladies. The doctor operated on both feet and estimated her permanent impairment at fourteen percent to both feet. She reached maximum medical improvement for her left foot on August 3, 1992 and for her right foot on November 6, 1992. Dr. Catherine Gyurik, a psychiatrist, began evaluating the claimant on July 28, 1993, and diagnosed recurrent depression chronologically related to her foot problems. The doctor did not testify the claimant was permanently impaired by her mental condition. Dr. Norman Hankins, a vocational expert, testified that the claimant was eighty-one percent disabled from the foot injury and subsequent surgery, based on restrictions from a physical therapist. The chancellor found the employee to be permanently and totally disabled and apportioned forty percent of the award of disability benefits to the Fund and sixty percent to the employer. Additionally, the chancellor awarded temporary total disability benefits from May 21, 1992 to August 22, 1992, and from September 4, 1992 through November 6, 1992. 2

01S01-9503-CC-00034
01S01-9503-CC-00034
Trial Court Judge: Charles D. Haston, Sr.

01S01-9503-CC-00034
01S01-9503-CC-00034
Trial Court Judge: Charles D. Haston, Sr.

02C01-9503-CC-00092
02C01-9503-CC-00092
Trial Court Judge: C. Creed Mcginley

02C01-9507-CC-00193
02C01-9507-CC-00193

James v. Ball
02C01-9511-CR-00353
Trial Court Judge: Carolyn Wade Blackett

02C01-9506-CC-00171
02C01-9506-CC-00171
Trial Court Judge: Julian P. Guinn

02C01-9510-CR-00295
02C01-9510-CR-00295

02C01-9411-CR-00247
02C01-9411-CR-00247

02S01-9501-CH-00005
02S01-9501-CH-00005

03A01-9509-CV-00332
03A01-9509-CV-00332

03A01-9510-CH-00372
03A01-9510-CH-00372
Trial Court Judge: Inman

03A01-9601-CH-00030
03A01-9601-CH-00030