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| Robert E. Edwards v. Anderson Hickey Co.
02S01-9703-CH-00022
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, Robert E. Edwards, fell 14 to 18 feet to the ground at work, injuring his right ankle. The trial court awarded 95 percent permanent partial disability to the right lower extremity. We affirm the judgment of the trial court. The employee is 65 years old with a high school education and work experience in general labor and welding. He has a non-work-related below the knee amputation of his left leg. On July 7, 1994, the employee fell from a forklift a distance of about 18 feet and landed on his left foot, crushing his right ankle. He was treated by Dr. Carl W. Huff, a board-certified orthopedic surgeon who is also certified by the American Board of Preventive Medicine, Certified Occupational Medicine. Dr. Huff first saw the employee on July 8, 1994. An x- ray at that time revealed a fracture of the calcaneus. He placed Mr. Edwards in a cast and on modified weight bearing. In September 1994, he placed the patient in a brace. During this time, Mr. Edwards required significant analgesics for pain and used a cane to help with relieving weight on the ankle and for balance. He developed post- traumatic arthritis in the talocalcaneal joint of the right foot as a result of the injury and now has limited mobility and pain with walking and weight bearing. Dr. Huff opined that plaintiff reached maximum medical improvement as of February 8, 1995. He assessed ten percent anatomic impairment to the lower extremity, with functional impairment greater due to the below the knee prosthesis on the other leg. He is limited to standing and walking about four hours a day, carrying objects lighter than ten to 15 pounds, and he cannot climb. He can go up and down steps but would have a decreased ability and more risk in doing so. He is capable of doing full-time light work, including machine operation, light lifting, or working with his upper extremities only. A job that would allow intermittent standing, sitting, and walking would be feasible. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John Hill Chisolm, |
Lauderdale County | Workers Compensation Panel | 03/25/98 | |
| Harless vs. Kingsport
03A01-9707-CH-00289
|
Sullivan County | Court of Appeals | 03/25/98 | |
| Debbie J. Goodlow v. Hospital Corp. of America, Etc.
02S01-9704-CH-00029
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 filed suit against the defendant and alleged she sustained a back injury on March 6, 1993. The trial judge found the plaintiff did not give notice of the injury until September 27, 1993, and the petition was dismissed for failure to give timely notice. We affirm the judgment of the trial court. We need not go into great detail concerning the facts in this case. The plaintiff asked her supervisor for authority to move the desk in the office in which she worked to better accommodate her work. The supervisor instructed the plaintiff to have the maintenance department to move the furniture. The maintenance department moved the furniture on Friday. The plaintiff went to the office on Saturday and she and another employee rearranged the desk and some cabinets. On Monday and Tuesday, the plaintiff worked regular shifts with no problems. On Wednesday, the plaintiff called the emergency room to tell them she would be late to work because her back was hurting. The plaintiff saw an emergency room doctor and told her supervisor she did not know what was wrong with her back. Ultimately, the plaintiff was referred to Dr. Frank Berklacich, an orthopedic surgeon, who testified that on May 7, 1993, the plaintiff told him she had hurt her back on March 7, 1993 while moving furniture at work. On June 1, 1993, the plaintiff underwent surgery on her back. The plaintiff did not give notice to the defendant of a work related injury to her back until September 27, 1993. She says she did not do so earlier because she did not know her back problem was related to the moving of furniture on March 7, 1993. We review this case de novo upon the record with a presumption of the correctness of the finding of fact of the trial judge. Tenn. Code Ann. _ 5-6- 225(e)(2). 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. William Michael Maloan, |
Weakley County | Workers Compensation Panel | 03/25/98 | |
| Norman vs. Norman
03A01-9702-CV-00047
|
Court of Appeals | 03/25/98 | ||
| Weston vs. State
03C01-9612-CR-00484
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 03/25/98 | |
| Legal Sense, Done With The Intent To Commit a Crime.'" State v. Smith, 119 Tenn. 521,
01C01-9705-CR-00171
Originating Judge:Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 03/25/98 | |
| Edwards vs. State
03A01-9707-CV-00302
|
Knox County | Court of Appeals | 03/25/98 | |
| Bull vs. Bull
03A01-9708-CV-00373
|
Court of Appeals | 03/25/98 | ||
| 03C01-9707-CR-00244
03C01-9707-CR-00244
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 03/24/98 | |
| DHS vs. Darr
03A01-9706-JV-00213
|
Rhea County | Court of Appeals | 03/24/98 | |
| Smith vs. State
03C01-9707-CR-00250
Originating Judge:J. Curtis Smith |
Rhea County | Court of Criminal Appeals | 03/24/98 | |
| Coker vs. State
03C01-9611-CR-00437
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 03/24/98 | |
| State vs. Lakins
03C01-9703-CR-00085
Originating Judge:William M. Barker |
Claiborne County | Court of Criminal Appeals | 03/24/98 | |
| Hicks vs. Cox
03A01-9701-CH-00019
|
Campbell County | Court of Appeals | 03/24/98 | |
| State vs. Pittman
03C01-9701-CR-00013
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/24/98 | |
| Shelton vs. State
03C01-9707-CR-00236
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 03/24/98 | |
| Barger vs. State
03C01-9705-CR-00192
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 03/24/98 | |
| State vs. Wood
03C01-9709-CR-00427
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/24/98 | |
| Gillihan vs. State
01C01-9706-CC-00235
Originating Judge:Henry Denmark Bell |
Franklin County | Court of Criminal Appeals | 03/24/98 | |
| Michael S. Neely vs. State
M1999-1823-CCA-R3-PC
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 03/24/98 | |
| State vs. Leach
03C01-9609-CR-00350
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 03/24/98 | |
| State vs. Gasaway
01C01-9703-CR-00101
|
Davidson County | Court of Criminal Appeals | 03/24/98 | |
| Mugford vs. Lethco
03A01-9709-CV-00412
|
Grainger County | Court of Appeals | 03/24/98 | |
| State vs. Gray
01C01-9702-CC-00058
|
Lawrence County | Court of Criminal Appeals | 03/24/98 | |
| State vs. Christian
03C01-9609-CR-00336
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 03/23/98 |