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| Michael Lee Proffit v. Superior Industries, Inc.
03S01-9701-CH-00008.
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. The employer has appealed from an adverse judgment, contending the award of permanent partial disability benefits is excessive. The employee contends the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Proffitt, is 37 years old with a fifth grade education and experience as a mason's helper, a painter, a farm worker and a sawmill operator. He began working for the employer in 1993 as a janitor. On April 25, 1994, he was assisting another worker to empty a heavy trash barrel when he felt a sudden pulling sensation in his back. He continues to have sharp pain in his back and numbness in his back and legs. He no longer works for Superior Industries. Four medical doctors testified at the trial. Dr. Henry J. Williams treated the claimant in the emergency room shortly after the accident and diagnosed lumbar strain. The doctor first assigned no permanent impairment. After further visits, however, he assessed a permanent impairment of one percent to the body as a whole. Dr. Matthew Wood, Jr. examined the claimant and found no permanent impairment. Dr. Fred Killefer agreed with Dr. Wood. Dr. Calvin J. Johnson examined the claimant and found objective evidence of injury in the form of muscle spasm. He diagnosed chronic low back syndrome with facet arthritis and assessed ten percent permanent impairment to the whole body. He restricted the claimant from repetitively bending, stooping, squatting or lifting more than twenty pounds. The trial judge awarded permanent partial disabilitybenefits on the basis of twenty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State vs. Chloe Clark
01C01-9704-CC-00134
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Willliam Trotter .
01C01-9701-CR-00019
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 02/24/98 | |
| Chad Swatzell vs. State
01C01-9604-CC-00154
|
Williamson County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Donald Long
02C01-9610-CC-00362
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Leon Woodlee
01C01-9611-CC-00465
|
Warren County | Court of Criminal Appeals | 02/24/98 | |
| Joseph D. Lewis v. The Yasuda Fire & Marine Ins. Co., et al.
01S01-9702-CV-00036
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Lewis County | Workers Compensation Panel | 02/24/98 | |
| State vs. Jeffery Casey
02C01-9701-CC-00015
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 02/24/98 | |
| Ulyes Williams v. City of Knoxville
03S01-9706-CV-00070
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. The City of Knoxville contends (1) the claim is barred by the statute of limitations and (2) the trial court erred in not accepting the opinion testimony of the treating physician. The claimant contends the trial court erred in allowing credit for overpaid temporary total disability benefits. The panel has concluded the judgment should be affirmed. The claimant, Williams, has less than an eighth grade education, little or no reading or writing skills and no vocational training. He was 39 years old at the time of the trial. He has worked for the city since about 1988, first as a laborer and later as tractor-mower operator. In 1992, he suffered a compensable back injury, was temporarily disabled and returned to work until September 18, 1995, when he re-injured his back at work. Back surgery was performed on or about November 18, 1995 and he returned to work around March 1, 1996 for a few weeks, quit because of post-surgical problems, then returned again around July 1, 1996. He has since been terminated. This civil action was commenced on March 29, 1996. The defendant filed and served its answer on April 26, 1996, but did not aver therein that the claim was barred by any statute of limitations. That a claim is so barred is an affirmative defense and the facts constituting such defense must be set forth in short and plain terms in a defendant's answer. Tenn. R. Civ. P. 8.3. Moreover, the record fails to establish that the claimant had fair notice of the employer's intention to assert the statute of limitations as a defense. The defense was thus waived. Tenn. R. Civ. P. 12.8. Additionally, the panel finds the defense to be without merit. The first issue is resolved in favor of the appellee. As the employer insists, citing Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991), the trial judge must choose which of conflicting expert medical opinions to accept. We are aware of no rule which 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dale C. Workman |
Knox County | Workers Compensation Panel | 02/24/98 | |
| Geneva Grahl vs. Lillie Davis, Et al
03S01-9701-CV-00011
|
Supreme Court | 02/23/98 | ||
| State vs. Hoxie
03S01-9706-CR-00061
|
Knox County | Supreme Court | 02/23/98 | |
| Lutcher Eidson vs. State
01C01-9607-CR-00295
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Landy Kash
01C01-9705-CR-00179
Originating Judge:J. O. Bond |
Smith County | Court of Criminal Appeals | 02/23/98 | |
| Johnny Moffitt vs. Carthel Smith
02A01-9705-CV-00095
Originating Judge:John Franklin Murchison |
Henderson County | Court of Appeals | 02/23/98 | |
| Rudy Holmes vs. Sheriff Jack Owens, et al
02A01-9706-CV-00115
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 02/23/98 | |
| Ray Thompson vs. State
02A01-9705-BC-00102
|
Court of Appeals | 02/23/98 | ||
| State vs. Daniel Bailey
02C01-9612-CR-00456
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 02/23/98 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Davidson County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Irwin
03S01-9702-CC-00021
|
Blount County | Supreme Court | 02/23/98 | |
| State vs. Grapel Simpson
02S01-9702-CC-00010
|
McNairy County | Supreme Court | 02/23/98 | |
| Shelby County Deputy from the Shelby County Sheriff's Association, et al., v. Shelby County, Tennessee et al.
02A01-9706-CH-00126
This appeal involves a declaratory judgment suit in chancery court related to a previous proceeding in criminal court pursuant to the provisions of the “anti-fee statutes,” T.C.A. § 8-20- 101 et seq.. The plaintiffs are Shelby County Deputy Sheriff’s Association, Sergeant Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald Ray, and Sergeant Mark Rochevot. The defendants are Shelby County, Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A. C. Gilless, Jr. The complaint alleges in substance as follows:
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/23/98 | |
| State vs. Timothy Dean Martin
01C01-9609-CC-00393
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Anthony Merlo
01C01-9611-CC-00471
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Campbell
03C01-9603-CC-00103
Originating Judge:Arden L. Hill |
Carter County | Court of Criminal Appeals | 02/20/98 | |
| Tarkington vs. Tarkington
01A01-9706-CV-00270
|
Court of Appeals | 02/20/98 |