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| Doris Barnes v. Cigna Insurance Company
02S01-9710-CV-00087
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. 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 findings, 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 application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court held the plaintiff had sustained a 4 percent permanent partial disability to the right arm1 and a 3 percent permanent partial disability to the left arm as a result of a gradually occurring injury which arose in the course of and in the scope of her employment with Martin Marietta Ordnance Systems, Inc. ("Martin Marietta"). The defendant, Cigna Insurance Company, appeals and raises the following issue about the award to the left arm: "1) Whether the trial court's award of 3% permanent partial disability to the left upper extremity was contrary to the weight of the evidence given the 6.35% anatomical impairment awarded by the evaluating physician and the zero percent (%) anatomical impairment awarded by the treating physician?" We find the award of 3 percent to the plaintiff's left arm was not contrary to the weight of the evidence and affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Julian P. Guinn, |
Carroll County | Workers Compensation Panel | 06/29/98 | |
| Fye vs. Kennedy
03A01-9707-CV-00287
|
Hamilton County | Court of Appeals | 06/26/98 | |
| 03A01-9712-CV-00532
03A01-9712-CV-00532
|
Court of Appeals | 06/26/98 | ||
| State vs. Lily Baker
02C01-9707-CC-00264
|
McNairy County | Court of Criminal Appeals | 06/26/98 | |
| City of Knox vs. Garuin
03A01-9801-CV-00038
|
Court of Appeals | 06/26/98 | ||
| State vs. Flanigan
03C01-9708-CR-00330
|
Sullivan County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Stout
03C01-9706-CR-00228
|
Washington County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Flanigan
03C01-9708-CR-00330
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 06/26/98 | |
| Moore vs. Feathers
03A01-9802-CV-00063
|
Court of Appeals | 06/26/98 | ||
| Judd's vs. Muir
03A01-9801-CH-00002
|
Court of Appeals | 06/26/98 | ||
| State vs. Phillips
03C01-9708-CR-00320
|
Scott County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Hannum
03C01-9710-CC-00480
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/26/98 | |
| Kellogg Co., vs. TN Comm., et al
02A01-9612-CH-00302
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 06/26/98 | |
| Wilhoite vs. Proffitt
03A01-9801-CH-00004
|
Court of Appeals | 06/26/98 | ||
| State vs. Bowling
03C01-9710-CR-00478
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Scott County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Phillips
03C01-9708-CR-00320
|
Scott County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Jones
03C01-9710-CR-00428
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Meyer
03C01-9705-CR-00165
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Sheri Clements
02C01-9712-CC-00488
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Fayette County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Jones
03C01-9710-CR-00428
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 06/26/98 | |
| Sanjurjo vs. Woods
03A01-9708-CH-00330
|
Court of Appeals | 06/26/98 | ||
| Hankins vs. Seaton
03A01-9710-CV-00468
|
Court of Appeals | 06/25/98 | ||
| Atkins vs. Grooms
03A01-9708-JV-00337
|
Court of Appeals | 06/25/98 | ||
| State vs. Gann
03C01-9707-CR-00274
Originating Judge:E. Eugene Eblen |
Court of Criminal Appeals | 06/25/98 | ||
| Eblen vs. Johnson
03A01-9709-CH-00423
|
Court of Appeals | 06/25/98 |