Timothy Woody v. North Brothers, Inc. E2001-00521-WC-R3-CV
Authoring Judge: W. Neil Thomas, III
Trial Court Judge: Jerri Bryant, Chancellor
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.
Knox
Workers Compensation Panel
Wilma Uselton v. Conwood Company, Lp 02S01-9607-CV-00070
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. George H. Brown, Jr.
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.
Ulrich vs. Ulrich 01A01-9606-CV-00264
Trial Court Judge: Thomas Goodall
Sumner
Court of Appeals
Thomas R. Murrah v. Aetna Life and Casualty 02S01-9607-CV-00065
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. George H. Brown, Jr.
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Shelby
Workers Compensation Panel
Darin Potts v. Beaman Bottling Co., et al. 01S01-9605-CH-00108
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Irvin H. Kilcrease, Jr.,
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Davidson
Workers Compensation Panel
Darin Potts v. Beaman Bottling Co., et al. 01S01-9605-CH-00108
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Irvin H. Kilcrease, Jr.,
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Davidson
Workers Compensation Panel
Alan Lee Pressley v. United States Fidelity and Guaranty Co. 03S01-9606-CH-00058
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Frank V. Williams, III,
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 contends the evidence preponderates against the trial court's finding that the employee has suffered an injury arising out of the employment. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Pressley, was thirty-eight years old at the time of the trial. He has an eighth grade education, but had to repeat the second, fifth and seventh grades. He has worked as a bag boy and service station attendant. He began working as a mechanic for The Auto Place in 1988. On the afternoon of October 4, 1994, he was attempting to install a gasoline tank on a vehicle when his back made a popping noise and he felt low back pain. Later the same day, he reported to the emergency room at Harriman City Hospital. The history recorded by the admitting clerk reflects the claimant had been suffering back pain for about a year, but the claimant's wife testified at trial that she told the clerk about the injury that had occurred at work the same day. The claimant did not return to work the next day because of back pain. Four days later, the claimant reported to the emergency room at Oak Ridge Methodist Medical Center. The clerk's notes at this hospital indicate the pain began five days earlier as the claimant was getting out of bed, although the claimant's live testimony is that he explained to the person taking his history about the injury at work. He was thereafter treated by Dr. Hardigree, who released him to return to work after a conservative treatment and a short period of disability. 2
Knox
Workers Compensation Panel
Ronnie Settles v. Sharps Mill Forest Products Inc. and Old Republic Insurance Company 02S01-9607-CV-00069
Authoring Judge: Cornelia A. Clark, Special Judge
Trial Court Judge: Hon. C. Creed Mcginley
This worker's compensation appeal has been referred to the special worker's 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 trial court awarded the plaintiff a permanent partial disability of ten (1%) percent to the body as a whole and found his proper compensation rate to be $366.68. Defendants have appealed, alleging that plaintiff did not prove that his facial disfigurement materially affected his employability, and that the trial court erred in setting the compensation rate at $366.68.
