Tammie S. Watson (Jamesvs. Liberty Mutual Ins. Co., et al.
01S01-9608-CH-00159
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. James L. Weatherford
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 originally claimed injury to the right arm while working at La Del Manufacturing Company and injury to or aggravation of a pre-existing injury to the left arm at her later employment at McDonalds of Lawrenceburg. The two cases were consolidated for trial, and the trial court dismissed the second employer after the hearing. Plaintiff was awarded 35% permanent partial disability to each upper extremity, and the first employer was found liable for both injuries. We affirm the judgment of the trial court. On February 7, 1992, Plaintiff banged her right hand on a chair while working at La Del Manufacturing Company. She continued to work for La Del, using her left hand to perform tasks previously performed by the right or with both hands, until March 3, 1992. There is no contest concerning the injury to the plaintiff's right arm. On March 15, 1992 she saw Dr. Kenneth L. Moore, whose deposition indicates paresthesia in both hands. On April 22, 1992, she underwent surgical release due to carpal tunnel syndrome on the right. On May 27, 1992, when she returned to the surgeon for post-surgical follow-up care, she complained of tingling in her left hand. In November of 1993, plaintiff obtained a job at McDonalds through a program which hires handicapped workers. McDonalds placed her in various jobs in an effort to accommodate her limitations. Plaintiff testified that she continued to experience pain whenever she tried to do anything with the left hand. After a leg injury at McDonalds unrelated to the case at bar, plaintiff was unsuccessful in her efforts to get appropriate work limitation documentation for McDonalds from her doctor. When McDonalds withheld her return to work pending receipt of the required release, she went to work at Hardees, and later at Shoneys. On June 16, 1994, plaintiff had carpal tunnel surgery on the left hand. Dr. Moore opined when deposed that plaintiff sustained no additional medical impairment as a result of her job at McDonalds. However, he was unwilling to assert 2

Tammy R. Ganzevoort vs. Richard B. Russell, Martha T. Russell, and Jim Cassetty d/b/a Jim Cassetty Realty - Concurring
01S01-9602-CV-00040
Authoring Judge: Justice Lyle Reid
Trial Court Judge: Judge Thomas Goodall

This case presents for review the decision of the Court of Appeals reversing the trial court and dismissing an action for violation of the Tennessee Consumer Protection Act1 brought by the purchaser of  residential real property against the seller and the seller’s broker. The judgment of the Court of Appeals dismissing the suit is affirmed.

Ganzevoort vs. Russell
01S01-9602-CV-00040

Steele , et. al. vs. Industrial Dev. Bd. of Metro Gov't.
01S01-9607-FD-00136

Dept. of Health, Bureau of Medicaid vs. Jaco
01S01-9609-CH-00171

State vs. David Price
02C01-9610-CC-00356
Trial Court Judge: William B. Acree

Lamar Fletcher vs. State
02S01-9606-CR-00056

State vs. Richard Madkins
02C01-9511-CR-00351
Trial Court Judge: W. Fred Axley

State vs. William H. Stitts
02C01-9602-CC-00053

State vs. David Johnson
02C01-9609-CR-00305

Bruce Hutton, et al vs. City of Savannah, TN
02A01-9612-CV-00314
Trial Court Judge: Julian P. Guinn

W2001-01724-COA-R3-JV
W2001-01724-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Christy R. Little

State vs. Charles E. Miller
01C01-9607-CR-00290
Trial Court Judge: Thomas H. Shriver

State vs. Arthur E. Chandler
01C01-9608-CC-00345
Trial Court Judge: Thomas T. Woodall

Douglas Mattes vs. State
01C01-9609-CC-00398
Trial Court Judge: James K. Clayton, Jr.

State vs. Delmer Ray Hall
01C01-9608-CR-00353
Trial Court Judge: Henry Denmark Bell

Morris Donegan vs. State
01C01-9608-CR-00354
Trial Court Judge: Jane W. Wheatcraft

Thomas V. Case vs. State
01C01-9610-CC-00444
Trial Court Judge: Robert E. Burch

Thomas V. Case vs. State
01C01-9610-CC-00444
Trial Court Judge: Robert E. Burch

James Edward Hughes vs. State
01C01-9605-CC-00188
Trial Court Judge: J. S. Daniel

State, ex. rel., Alsobrooks vs. Rowlett
01C01-9605-CC-00211
Trial Court Judge: Robert E. Burch

State vs. Calvin Head
01C01-9512-CC-00401
Trial Court Judge: Robert W. Wedemeyer

State vs. Larry Wayne King a/k/a Key & Andrew Byers
01C01-9601-CC-00002
Trial Court Judge: Donald P. Harris

State vs. Robert K. Booher
01C01-9604-CC-00131
Trial Court Judge: Robert E. Burch

Ebasco v. Rice
03S01-9701-CH-00009
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 paraphrased issue in this case is whether the finding of 15% permanent partial disability is supported by a preponderance of the evidence under our standard of review as mandated by Rule 13(d), T.R.A.P. and T.C.A. _ 5-6-225(e)(2). It is not disputed that the appellee suffered a job-related accidental back injury on August 12, 1993, while using a 2-pound drill with one hand because of close working quarters. Officially, he lost no time from work but was assigned to lighter duties until he was laid off in July 1994. He testified that during the year following his injury, he missed about 25-3 days because of back pain. In October 1994 he was employed by another company as a pipefitter but was laid off after only three weeks because he could not do heavy lifting. He took re-training courses in valve technology and obtained satisfactory employment not involving the lifting of heavy materials. He testified that he can no longer engage in physical activities which require heavy lifting. Dr. Herbert Dodge was his treating physician. He initially prescribed conservative treatment for a spondylolisthesis at the lowest part of the low back, with accompanying muscle spasms. He did not relate the spondylolisthesis to an injury, because it was congenital, but said the muscle spasm was caused by trauma. Dr. Dodge continued to see the appellee who complained of pain but followed instructions with respect to light work. He opined that the appellee had a three (3%) percent medical impairment to his whole body as a result of his injury. Dr. Lester Littell examined the appellee on one occasion, March 2, 1994, for the purpose of evaluation. He concurred in the diagnosis of spondylolisthesis and testified that if the condition is symptomatic, i.e., if the patient suffered a reported injury which was documented and if he complains of pain, the AMA Guidelines call for a seven (7%) percent impairment rating. 2