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| State vs. Ted Brannan
01C01-9704-CC-00148
|
Franklin County | Court of Criminal Appeals | 05/15/98 | |
| State vs. James Messick
01C01-9702-CC-00065
|
Coffee County | Court of Criminal Appeals | 05/15/98 | |
| Special Judge Hamilton v. Gayden, Jr.
02S01-9707-CV-00069
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 5 percent impairment to each of her arms as a result of carpal tunnel syndrome which arose out of her employment with United Postal Service ("UPS"). We find the evidence in this case preponderates against an award of 5 percent to each arm and find the evidence preponderates in favor of an award of 25 percent to each arm. At the time of the trial of this case, the plaintiff was 45 years of age. She has a twelfth grade education and had worked for UPS for 18 years as a truck driver. The plaintiff's work history included operating an antique store and working as a sales clerk, a loan officer for a bank, and an executive secretary. The only issue before us is whether the trial court's award of 5 percent to each arm is supported by the evidence. The evidence concerning the extent of the plaintiff's disability is supplied by the plaintiff's testimony; by the medical report and records of Dr. Lowell Stonecipher, an orthopedic surgeon and the treating physician who was furnished by the defendant; by the report of Dr. Robert J. Barnett, an orthopedic surgeon, who evaluated the plaintiff at her request; and by the report of Dr. Ronald C. Bingham, who conducted nerve conduction tests on the plaintiff at the request of Dr. Stonecipher -- these tests showed mild residual median neuropathy. The plaintiff began to experience difficulty with her arms and hands in June 1996. Dr. Stonecipher diagnosed the condition as carpal tunnel syndrome and did surgery to relieve the condition in her left arm on February 21, 1996. On April 2, 1996, Dr. Stonecipher did surgery on the plaintiff's right arm. The plaintiff returned to work in June 1996 doing the same work she had done prior to having surgery. The plaintiff testified the work caused her hands and 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. C. Creed Mcginley, |
Henry County | Workers Compensation Panel | 05/15/98 | |
| Edwin B. Raskin Co. vs. Johnson
01A01-9708-CH-00392
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/15/98 | |
| Robert Bellafant vs. State
01C01-9705-CC-00183
|
Maury County | Court of Criminal Appeals | 05/15/98 | |
| State vs. Eric Henderson/James Hill
02C01-9708-CR-00302
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/15/98 | |
| Randall Fleming vs. Jacqueline Yi
02A01-9706-CV-00129
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 05/15/98 | |
| Don/Phil Gordon vs. Georgetown Univ
02A01-9709-CH-00218
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 05/15/98 | |
| State vs. Elwin South
02C01-9710-CR-00386
|
Shelby County | Court of Criminal Appeals | 05/14/98 | |
| Jonus Cole vs. State
01C01-9509-CC-00294
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 05/14/98 | |
| State vs. Rickey Hailey
02C01-9705-CR-00198
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 05/14/98 | |
| State vs. Jarrod Adreon
01C01-9609-CC-00391
|
Williamson County | Court of Criminal Appeals | 05/14/98 | |
| In re: Brittany Swanson, a minor
02A01-9709-CV-00233
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 05/14/98 | |
| State vs. Jamil Butler
01C01-9612-CR-00529
|
Davidson County | Court of Criminal Appeals | 05/14/98 | |
| Mary Fuller vs. Eligo Fuller
02A01-9708-CH-00175
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 05/13/98 | |
| State vs. Glenn Ray
02C01-9709-CR-00369
|
Shelby County | Court of Criminal Appeals | 05/12/98 | |
| State vs. Quincy Henderson
02C01-9706-CR-00227
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 05/12/98 | |
| Tanaka vs. Meares
03A01-9710-CV-00463
Originating Judge:Dick Jerman, Jr. |
Blount County | Court of Appeals | 05/12/98 | |
| James Biggs v. Jones Stone Company, Inc.
01S01-9711-CH-00239
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 employee was awarded benefits for a 3 percent permanent partial disability to his whole body. He appeals, claiming that his anatomical impairment is ten percent, which should be extrapolated to total and permanent disability. The thrust of his argument is directed to the weight to be given to the expert testimony. The employer admitted that the employee suffered a compensable back injury on September 8, 1995. The issues at trial were limited to the extent of physical impairment and residual vocational disability. The Chancellor found the plaintiff had a five percent impairment. He applied a multiplier of six, T.C.A. _ 5-6-241, resulting in a finding of 3 percent permanent partial disability to his whole body. The treating physician was Dr. Stanley G. Hopp, an orthopedic specialist, who testified that the plaintiff's radicular pain was emanating from the right L-5 nerve root. He performed surgery on February 23, 1996 and removed the offending spurs. Recovery was hampered because of diabetes, but with the passage of time the plaintiff was able to work, with lifting restrictions. Dr. David Gaw, orthopedic specialist, examined the plaintiff for purposes of evaluation. He testified that in his view the plaintiff had a ten percent impairment based on DRE Category III of the Guidelines, which he interpreted as requiring this rating because "anybody that has a radiculopathy that's proven by tests and has surgery, that throws them into Category III." He conceded that he found no symptoms of nerve damage, that the plaintiff was in no distress or pain, that he was taking no medications, had no back spasm, no atrophy or weakness in his legs and had good movement. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Irvin H. Kilcrease, |
Davidson County | Workers Compensation Panel | 05/11/98 | |
| Thurman D. Vanwinkle v. Bridgestone U.S.A., Inc.
01S01-9709-CH-00190
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 alleges that he suffered a heart attack attributable to the demands of his job and therefore compensable within the purview of the Workers' Compensation law. The words "heart attack," as alleged, are generically used and are generally referable to any sudden adverse cardiac condition; in the case at Bar, the plaintiff suffered a myocardial infarction.1 The trial court found that the "petition for workers' compensation benefits should be sustained," and that the plaintiff had a 6 percent permanent impairment,2 presumably attributable to his heart condition. The employer appeals, questioning the finding that the plaintiff's heart problem is work-related. 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). Background 1An infarct is a region of dead or dying tissue which is the result of a sudden obstruction to the blood circulation supplying the involved part, usually by a clot. A myocardial infarct is a region of dead or dying tissue in the muscle of the heart which is the result of an obstruction to the blood supply usually by a clot lodged in a coronary artery. 2The judgment refers to a letter containing a "Finding of Facts" but this letter is not in the record. We thus have no findings to review under the appropriate standard, RULE 13(d), T.R.A.P., which requires a presumption of correctness. We therefore have conducted a de novo review with no presumption. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. James K. Clayton, Jr. |
Rutherford County | Workers Compensation Panel | 05/11/98 | |
| Andy Phillips v. Anthony Hall Construction, et al.
01S01-9710-CC-00213
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. This case involves a weighty issue of whether the judgment is supported by the preponderance of all the evidence. RULE 13(d), T. R. A. P. 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). Adjunctive is the established rule that we are as well positioned as the trial judge to gauge the worth of the depositional testimony, and we have done so, in accordance with our prerogative and responsibility. Cooper v. INA, 884 S.W.2d 446, 451 (Tenn. 1994); Landers v. Fireman's Fund Ins. Co., 775 S.W.2d 355, 356 (Tenn. 1989). The plaintiff is 39 years old. He completed eleven years of schooling and apparently has no marketable job skills. On December 21, 1995, while working on a barn, he chose to descend from the roof by sliding down a brace rather than using a ladder as instructed. He fell against another brace and injured his left arm and back. He continued to work but developed problems the following day and was given his choice of physicians. He selected Dr. Wayne Wells, who passed him on to Dr. Michael Moore, who released him to return to work on January 15, 1996 with temporary restrictions against overhead lifting and lifting more than 25 pounds with his left arm. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. O. Bond, |
Wilson County | Workers Compensation Panel | 05/11/98 | |
| Marilyn L. Knight v. Liberty Mutual Insurance Group
01S01-9710-CH-00214
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Davidson County | Workers Compensation Panel | 05/11/98 | |
| Sherry Maxwell v. Nissan Motor Mfg. Corp., et al.
01S01-9711-CH-00241
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. This is a bilateral carpal tunnel syndrome case involving a 34-year-old woman whose impairment to each arm was judicially found to be 33 percent. Her condition gradually evolved, and she was initially treated by Dr. Thomas Tompkins, an orthopedic specialist, on August 21, 1995. Six weeks later he performed the usual surgical releases, which were successful. Dr. Tompkins last saw the plaintiff on January 12, 1996 when he released her to resume employment but without repetitive forceful gripping. Basing his assessment on the Guidelines, Dr. Tompkins testified that she had five percent impairment to each arm. In February 1996, Dr. David Gaw, an orthopedist, was employed by the plaintiff's counsel to perform an IME. He testified that the plaintiff had a ten percent impairment to each arm. Because the plaintiff returned to work in January 1996 and from that day forward "has not missed work," "has not complained to anyone about your job," "has not complained to the doctors or anyone at Nissan about your hands," "has gotten good work reviews since then," the employer complains that the assessment of a 33 percent impairment to each arm is excessive, arguing that if this finding is correct the plaintiff is ipso facto unable to perform her job, i.e., that the anomaly is apparent. 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 inferred thrust of the appellant's argument respecting our
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Don R. Ash, |
Rutherford County | Workers Compensation Panel | 05/11/98 | |
| J.C. Penney, Inc. v. Debra Sue Crawford
01S01-9707-CH-00167
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 employee filed this complaint for a determination of the benefits available to the defendant on account of asserted compensable injuries to her arms/hands, i.e., carpal tunnel syndrome. The Chancellor awarded benefits for a three percent permanent partial disability to each arm. The employee appeals, and presents two issues for review, which we restate as whether the award was inadequate, and whether the employee should have been allowed to state an opinion concerning her ability to perform certain jobs. 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). Ms. Crawford is 37 years old. She is a high school graduate, five feet three inches tall and weighs 295 pounds, according to the IME, Dr. David Gaw. She began working as a customer service representative in the telemarketing division of J.C. Penney Company in 199, where she remains employed. In January 1995 she reported symptoms of hand pain to her employer who referred her to Dr. James Lanter, orthopedic specialist. Dr. Lanter first saw her on February 22, 1995 and diagnosed her condition as tendinitis with possible carpal tunnel syndrome. He recommended a reduction in her working hours to 32 per week, and continued to see her through February 21, 1996. During this time Dr. Lanter's treatment was extensive; he obtained two EMG's and nerve conduction studies which indicated mild bilateral carpal tunnel syndrome, not progressive. He continued treating her for more than a 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Chancellor |
Davidson County | Workers Compensation Panel | 05/11/98 | |
| Seffernick vs. St. Thomas Hospital, et. al.
01S01-9706-CV-00122
Originating Judge:Thomas W. Brothers |
Supreme Court | 05/11/98 |