Linda Butler v. Lumbermen's Mutual Ins.
01S01-9709-CH-00192
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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 Chancellor found that the plaintiff sustained an injury to her left foot which resulted in a 3 percent vocational impairment. This finding is challenged on appeal. 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 finding, 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 plaintiff is 59 years old. She finished the 11th grade and has extensive industrial training. She was employed by Lanier Clothes, a textile manufacturer in Franklin County, for 22 years. Her duties required a substantial amount of walking. In April 1995, she developed a problem with her left foot, caused by a calcaneal spur. Her attending physician, Dr. Richard Bagby, prescribed custom molded inserts for her shoes, with anti-inflammatory medication. The footware was modified from time to time. She never missed work at Lanier, which closed its factory in October, 1995. About ten weeks later, the plaintiff was employed by Wal-Mart, where she functions satisfactorily so long as she utilizes the orthotic inserts. Dr. Bagby assessed her impairment at five percent to her left foot. He imposed no restrictions but thought she could experience some difficulty if she stood on hard surfaces all day. 2

Bruce W. Link v. The Aerostructures
01S01-9710-CH-00217
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Carol L. Mccoy,
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. A finding of 12 percent disability to the plaintiff's left leg is derided by the employer who strenuously argues that the evidence strongly weighs against the judgment and that the claim for permanent, partial disability should be denied. The plaintiff is 56 years old, and is a resident of Bowling Green, Kentucky. His vocational history reveals his talents for things mechanical: mill operator, aircraft assembler, machine shop supervisor, fabricator, turbine repair, back dump operator, precision grinder. He has also worked as an insurance salesman, automobile salesman and manager of a truck stop. He is experienced in computer fundamentals, blueprint and problem solving. All of this by way of his own testimony. He alleged that he injured his left knee and hip as a result of slipping which jammed his knee into a machine. His testimony was divergent; he testified that he slipped on a "metal thing" and fell, and complained only of his left knee. The first report of work injury recites that the plaintiff reported a twinge in his left knee while stepping down from a machine on October 12, 1994. Several months earlier, in April, he complained of slipping and striking a fixture. He was treated by Dr. William Gavigan, an orthopedic specialist, who testified that x-rays of the plaintiff's knee were normal and an MRI study revealed no problems. An arthroscopic examination revealed no evidence of a 2

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02S01-9707-CR-00064
Trial Court Judge: L. Terry Lafferty

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02C01-9712-CR-00479

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02C01-9801-CC-00016

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02C01-9710-CC-00419

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Trial Court Judge: Robert M. Summitt

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Trial Court Judge: John Franklin Murchison

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Trial Court Judge: Jim T. Hamilton

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Trial Court Judge: J. Curtis Smith

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01C01-9706-CC-00231

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Trial Court Judge: J. Randall Wyatt, Jr.

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01C01-9709-CC-00387

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01C01-9709-CR-00441
Trial Court Judge: J. Randall Wyatt, Jr.