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| Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077
|
Knox County | Supreme Court | 10/26/98 | |
| Norma J. Baker v. Sally Beauty Supply and The Travelers Insurance Co.
02S01-9709-CH-00078
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 had suffered a 55 percent vocational impairment to her left leg and also awarded medical expenses in the amount of $1,112., which the defendant says were unauthorized. The defendant raises the following issues: I. Whether the evidence presented at trial preponderates against the trial court's award of 55% permanent partial disability to plaintiff's left lower extremity as a result of plaintiff's work related accident? II. Whether the medical expenses incurred by the plaintiff were reasonable, necessary and causally related to an injury arising out of the course and scope of employment? We affirm the judgment of the trial court. The plaintiff was injured on December 14, 1994 when a car backed into her and penned her legs between the bumpers of two cars. The plaintiff was performing duties in the course of her work for the defendant when this occurred. The plaintiff had significant injuries to her left leg. As near as we can tell from this record, the plaintiff was absent from work for a week. W hen she wished to return to work, the employer told her she would have to have a release from a physician to return. The employer had not then, nor so far as this record shows never, furnished the plaintiff with a panel of doctors for examination or treatment. The plaintiff was 53 years of age at the time of trial, has a high school education, and has nine months of beauty training. She testified that she continued to work for the defendant for one and a half years after her injury but had difficulty in doing the work because she could not stand for long periods of time and had trouble stooping and bending. We are of the opinion that the resolution of this case turns upon whether the medical evidence offered by the defendant was admissible. The defendant offered as medical proof a memorandum report by James G. Warmbrod, an orthopedic surgeon, as well as various reports from physical 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 10/26/98 | |
| Connie Covington v. Nagle Industries, Inc.
01S01-9709-CH-00183
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. In this case the plaintiff ran afoul of the well-settled principle that the issues in a workers' compensation case, like any other, must be proved by a preponderance of the evidence. The trial judge ruled that the appealing plaintiff failed to carry her burden of proving causation and dismissed her claim for permanent, partial disability benefits. Our 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 alleged that on September 9, 1993 she sustained an injury to her elbow, arm, and both wrists, diagnosed as bilateral carpal tunnel syndrome which in the passage of time resulted in permanent, partial disability. The defendant filed its answer admitting that the "plaintiff sustained an injury in the course and scope of plaintiff's employment,"1 and denying all other allegations. The plaintiff testified that she began working for the defendant in May, 1991, doing assembly line work which she described as repetitive.2 After four or five months "into the job," her hands became swollen at the end of the 1But wh en the case was called for trial, the parties stipulated that causatio n was an issue. It prov ed to be dispositive. The answer was not amended, but the case was tried as if the defendant denied causation. 2Likely over-done, since she testified that she processed 8 parts per day. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Robert E. Burch |
Houston County | Workers Compensation Panel | 10/26/98 | |
| Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077
|
Knox County | Supreme Court | 10/26/98 | |
| Victor James Cazes vs. State
02S01-9707-CR-00064
Originating Judge:L. Terry Lafferty |
Shelby County | Supreme Court | 10/26/98 | |
| Bruce W. Link v. The Aerostructures
01S01-9710-CH-00217
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
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Carol L. Mccoy, |
Davidson County | Workers Compensation Panel | 10/26/98 | |
| State vs. Joseph McDaniel
02C01-9801-CC-00016
|
Decatur County | Court of Criminal Appeals | 10/26/98 | |
| McCurry vs. Container Corp. of America
03S01-9705-CH-00050
Originating Judge:Billy Joe White |
Supreme Court | 10/26/98 | ||
| State vs. Gary Vaughn, et al
01C01-9709-CR-00415
|
Putnam County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Audrey Downs
02C01-9710-CR-00390
|
Shelby County | Court of Criminal Appeals | 10/23/98 | |
| William A. Ransom vs. State
01C01-9708-CC-00328
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Coker vs. State Claims Comm
01A01-9806-BC-00318
|
Court of Appeals | 10/23/98 | ||
| State vs. Joseph Martin Thurman
01C01-9706-CC-00231
|
Marion County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Kenneth Nesbitt
02C01-9801-CC-00029
|
Carroll County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Keith Guy
02C01-9712-CC-00478
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/23/98 | |
| 01C01-9802-CC-00055
01C01-9802-CC-00055
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Darren Parsons
02C01-9801-CC-00030
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Michell Leiderman
01C01-9703-CC-00088
|
Marion County | Court of Criminal Appeals | 10/23/98 | |
| Hobbs vs. Hobbs
01A01-9801-CV-00015
Originating Judge:J. Curtis Smith |
Sequatchie County | Court of Appeals | 10/23/98 | |
| State vs. Tavarus Williams
02C01-9711-CR-00423
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/23/98 | |
| Jerome Williams vs. State
01C01-9709-CR-00441
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Danny Meeks vs. State
01C01-9709-CC-00387
|
Grundy County | Court of Criminal Appeals | 10/23/98 | |
| Ledford vs. Ledford
01A01-9701-CH-00029
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 10/23/98 | |
| State vs. Looper
M1999-00662-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert M. Summitt |
Putnam County | Court of Appeals | 10/23/98 | |
| G. Winston Gragg vs. Nellie Gragg
02A01-9804-CV-00108
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/22/98 |