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| Christopher v. Sockwell
02S01-9705-CV-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting of findings fact and conclusions of law. In this appeal, the employer, Witco Chemical Company and Witco Corporation ("defendant"), self insured, contends that the evidence preponderates against the trial court's award of eighty percent (8%) vocational disability to plaintiff, Alfred Edwards, computed at two and a half times the anatomical impairment rating of plaintiff's physician of thirty-two percent (32%). For the reasons set forth below, we affirm the judgment of the trial court as modified. Plaintiff, forty-nine years old at time of trial, had been an employee of defendant for 18 years. He had been performing the same job for defendant for almost 17 years. There is nothing in the record as to plaintiff's prior employment. Basically, plaintiff's job at defendant's plant entailed transferring hot oil from one processing vessel to another. As part of his normal routine, he was required to open and close several valves. Some valves operated by turning a round handle, others by pulling on sections of chain that would open and close a particular valve. In May, 1995, while in the process of transferring hot oil from one tank to another, hot oil bubbled up and splashed onto plaintiff's body. Plaintiff received severe burns on his arms, back, and abdomen, along with a small spot in front of his right ear. He required skin grafts to areas of his right arm and the right side of his stomach. The rest of his burns healed without requiring surgery. Plaintiff was treated by Dr. William Hickerson, a plastic surgeon, at the local burn center. Plaintiff was off work for approximately seven months. At the time of his deposition in November 1996, Dr. Hickerson testified that he was currently treating plaintiff for persistent healing problems and that in all likelihood plaintiff would need to undergo more
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. D'Army Bailey |
Shelby County | Workers Compensation Panel | 04/01/98 | |
| Fannie B. Carter v. National Health Care Center, et al.
01S01-9704-CH-00093
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 of fact and conclusions of law. In this two-sided appeal, the plaintiff contends that the trial court erred in denying the recovery of incurred medical expenses; the defendant contends the trial court erred in granting the plaintiff temporary total benefits and permanent partial disability benefits. The focus of this dispute is plaintiff's employment application wherein, the defendant contends it was not correctly filled out by the plaintiff, and was materially misleading, and therefore the plaintiff is estopped from claiming benefits. In accordance with T.C.A. _ 56-225(e), the standard of review in this case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings. It is the plaintiff's burden to show by the preponderance of the evidence that the evidence is otherwise in relation to the trial court's denial of medical benefits; likewise, it is the burden of the defendant to show that the court erred in granting the Plaintiff both temporary total benefits and permanent partial benefits. The panel concludes that the trial court's judgment approving temporary total benefits and permanent partial benefits was correct and should be affirmed. The panel, however, reverses the trial court in the denial of the medical benefits of two of plaintiff's treating physicians. Plaintiff, age 62 at the time of the trial and a divorced mother of six children has an eighth grade education and vocational training as a nurse's aide. Her first employment was domestic work in the homes of the other people and later in commercial pressing. Subsequently, the plaintiff worked for Genesco where she built and inspected shoes. During her employment with Genesco, plaintiff injured her neck and left her employment there. As a result of this injury at Genesco, plaintiff underwent surgery by Dr. Arthur Cushman for a ruptured disc. At the trial plaintiff testified that Genesco had told her she did not qualify for workman's compensation benefits. Later, however, plaintiff acknowledged that she hired an attorney and brought suit against Genesco for workman's compensation benefits. She was successful in obtaining benefits. 2
Authoring Judge: Hamilton
Originating Judge:Hon. F. Lee Russell |
Carter County | Workers Compensation Panel | 04/01/98 | |
| Robert Jones v. Vick Idles
E2001-02833-SC-S09-CV
We granted this appeal to determine whether the chancellor correctly granted a new trial after finding that the jury's allocation of ninety percent of the fault to the plaintiffs and ten percent of the fault to the defendant was against the weight of the evidence and that the evidence supported "a defense verdict for both sides." A majority of the Court of Appeals concluded that the chancellor correctly granted a new trial on both the plaintiffs' claim and the defendant's counterclaim and affirmed the judgment of the trial court. After reviewing the record and applicable authority, we agree with the Court of Appeals and hold that the chancellor properly granted a new trial after finding that the jury's allocation of fault was against the weight of the evidence in his role as the thirteenth juror. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:William E. Lantrip |
Anderson County | Supreme Court | 03/31/98 | |
| State vs. Derrick McClure
02C01-9705-CR-00192
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Elizabeth Ortiz
01C01-9607-CC-00284
|
Montgomery County | Court of Criminal Appeals | 03/31/98 | |
| Kenneth Cheatham vs . State
01C01-9703-CC-00109
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Richard McKee
01C01-9606-CC-00278
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Dennis England
01C01-9702-CR-00064
|
Court of Criminal Appeals | 03/31/98 | ||
| Hubert. Scott v. Kimberly-Clark Corporation
02S01-9709-CH-00077
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 trial court found that the plaintiff suffered an injury to his back during the course and scope of his employment with the defendant. The trial court awarded the plaintiff 25 percent permanent partial disability to the body as a whole for the injury to the lumbar spine. The trial court also determined that the plaintiff's claim for the alleged hernia injury was not compensable under Tenn. Code Ann. _ 5-6-212(a). The defendant appeals and says that the trial court erred in determining that the plaintiff sustained 25 percent permanent partial disability to the body as a whole. The plaintiff appeals and says that the trial court erred in determining that the hernia injury was not compensable. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Floyd Peete, Jr., |
Scott County | Workers Compensation Panel | 03/31/98 | |
| Peck vs. State
03C01-9611-CR-00402
|
Sullivan County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Christopher Cavnor
02C01-9704-CR-00155
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| Vernon Newsom vs. State
01C01-9706-CR-00214
|
Davidson County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Thomas Matthews
02C01-9704-CR-00158
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Fain
03C01-9403-CR-00124
Originating Judge:Arden L. Hill |
Sullivan County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Johnny Tillery
01C01-9506-CC-00182
Originating Judge:James L. Weatherford |
Giles County | Court of Criminal Appeals | 03/30/98 | |
| TN. Consumer Advocate vs. TN. Regulatory Authority
01S01-9706-BC-00141
|
Supreme Court | 03/30/98 | ||
| State vs. James Hayes
02C01-9610-CC-00326
|
Lake County | Court of Criminal Appeals | 03/30/98 | |
| Coleman Enterprises, Inc. vs. Huddleston
01S01-9706-CH-00143
|
Supreme Court | 03/30/98 | ||
| 02C01-9708-CR-00328
02C01-9708-CR-00328
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 03/30/98 | |
| Danny Mitchell v. Aetna Life & Casualty Ins. Co., et al
02S01-9706-CV-00053
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 03/30/98 | |
| State vs. Charles Loveless
02C01-9706-CC-00219
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 03/30/98 | |
| Evans vs. Steelman
01S01-9701-JV-00019
Originating Judge:Shookhoff |
Davidson County | Supreme Court | 03/30/98 | |
| Walter Austein v. Riverwood Int. USA, Inc.
02S01-9704-CH-00037
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. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. _50-6-203 ran prior to the filing of the lawsuit. This marks the second appearance of this case before this panel. In Austein v. Riverwood International USA, Inc., No. 02S01-9507-CH-00059 (Tenn. Work. Comp. App., February 23, 1996), this panel found that the trial court erred in granting summary judgment on the statute of limitations issue because issues of material fact existed concerning both the date the statute of limitations began to run and the estoppel issue. The case was remanded to the trial court for trial on the merits. Plaintiff again appeals the trial court's finding that the statute of limitations ran before he filed this action.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. D. J. Alissandratos |
Shelby County | Workers Compensation Panel | 03/30/98 | |
| State vs. Jimmy High
02C01-9702-CR-00069
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/30/98 | |
| 03S01-9704-PB-00042
03S01-9704-PB-00042
|
Supreme Court | 03/30/98 |