Robert F. Seymore v. Snap-On Tools Corporation
03S01-9507-CH-00081
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. G. Richard Johnson,
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. Defendant, Snap-On Tools Corporation, has appealed from the action of the trial court in awarding plaintiff, Robert F. Seymore, 4% permanent partial disability to each upper extremity. Plaintiff is 52 years of age and has a 12th grade education. He suffered bilateral carpal tunnel syndrome injuries as a result of work-related activities. Surgery was performed on the right on July 13, 1993 and the left on August 31, 1993. He returned to work during October, 1993. Plaintiff's job title is a heat treat operator, and he constantly uses his hands and wrists in his work. He testified that, after surgery, he felt some relief but most of his symptoms of pain and numbness have returned. He has continued to work without a drop in his production rate but says he still suffers from his injuries as he works and even after work. There is evidence from his wife and supervisor to substantiate his complaints of continuing problems. The only issue on appeal is the extent of permanent disability. Dr. Paul E. Gorman, an orthopedic surgeon, testified by deposition and did not give plaintiff any permanent impairment under the A.M.A. Guidelines. However, he testified plaintiff should be restricted in working. His restrictions included no overtime work, avoidance of vibration tools and no lifting or handling of items weighing in excess of 1 pounds. Dr. Eric C. Roberts, a physician in physical medicine and rehabilitation, also testified by deposition and examined plaintiff for the purpose of giving an impairment rating. He agreed with the restrictions as imposed by Dr. Gorman but was of the opinion plaintiff had permanent impairment under A.M.A. Guidelines of ten percent to each upper extremity. -2-

Martha G. Myers v. Aluminum Company of America
03S01-9509-CV-00102
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. W. Dale Young,
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 plaintiff alleged that on May 15, 1983, she injured most of her body as a result of a job-related accident. She returned to work in November 199 and allegedly sustained two additional injuries which aggravated her pre-existing condition resulting in total disability for which she seeks benefits. The defendant generally denied that the injuries complained of were serious and denied that the plaintiff suffered any degree of disability. The trial judge ruled that the plaintiff failed to carry her burden of proof and dismissed her case. Our review is de novo on the record with the presumption that the findings of fact are correct unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). The plaintiff is 44 years old. She started work at ALCOA in 1978, but five years later suffered a pulled muscle in a vaguely defined manner which caused some cervical discomfort, exacerbated the following day in another vaguely defined manner. She complained of continuing discomfort and was seen by Dr. Haralson, an orthopedic specialist. Two days later, she returned to work for a brief period. She then left work for about six months, returned, and left again. This pattern continued for eleven or twelve years. In October or November 199, she testified that she tripped over some cables which "aggravated my problem," and shortly afterwards caught her foot in a table leg which "hurt my low back right instantly then." She said that in December, "I had to quit, go out," and never returned to work. In the interim, she was injured in a traffic accident which seemingly contributed to her discomfort. -2-

02C01-9501-CR-00028
02C01-9501-CR-00028
Trial Court Judge: Joseph B. Brown

02C01-9412-CR-00271
02C01-9412-CR-00271
Trial Court Judge: Joseph B. Dailey

02C01-9503-CC-00064
02C01-9503-CC-00064
Trial Court Judge: John Franklin Murchison

02C01-9508-CR-00219
02C01-9508-CR-00219
Trial Court Judge: Bernie Weinman

02C01-9408-CR-00153
02C01-9408-CR-00153
Trial Court Judge: Joseph B. Brown

02C01-9505-CC-00125
02C01-9505-CC-00125
Trial Court Judge: F. Lloyd Tatum

02C01-9507-CR-00202
02C01-9507-CR-00202

02C01-9508-CC-00212
02C01-9508-CC-00212
Trial Court Judge: Dick Jerman, Jr.

02C01-9507-CR-00192
02C01-9507-CR-00192
Trial Court Judge: Bernie Weinman

02C01-9502-CR-00040
02C01-9502-CR-00040
Trial Court Judge: Julian P. Guinn

03A01-9509-CV-00312
03A01-9509-CV-00312

03A01-9511-CH-00388
03A01-9511-CH-00388

02C01-9604-CR-00130
02C01-9604-CR-00130
Trial Court Judge: Joseph B. Dailey

O1CO1-9412-CR-00411
O1CO1-9412-CR-00411
Trial Court Judge: Seth W. Norman

01C01-9508-CR-00280
01C01-9508-CR-00280

01C01-9509-CC-00311
01C01-9509-CC-00311
Trial Court Judge: James K. Clayton, Jr.

01C01-9505-CC-00159
01C01-9505-CC-00159

01C01-9409-CC-00319
01C01-9409-CC-00319
Trial Court Judge: James K. Clayton, Jr.

01C01-9501-CC-00023
01C01-9501-CC-00023
Trial Court Judge: Jim T. Hamilton

01C01-9501-CC-00023
01C01-9501-CC-00023
Trial Court Judge: Jim T. Hamilton

01C01-9411-CR-00397
01C01-9411-CR-00397
Trial Court Judge: Seth W. Norman

01A01-9512-CH-00543
01A01-9512-CH-00543
Trial Court Judge: C. K. Smith

01A01-9512-CH-00572
01A01-9512-CH-00572
Trial Court Judge: Ellen H. Lyle