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| Bridgestone/Firestone, Inc. v. Deborah Dunn
01S01-9707-CH-00160
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 to the Supreme Court of findings of fact and conclusions of law. This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." A counter-claim followed in course, with the employee alleging that her neck injury resulted in temporary total disability, temporary partial disability, permanent impairment and disability, together with the incurrence of medical expenses. The trial court found the issues in favor of the employee and awarded her benefits based upon a twelve and one-half percent disability to her whole body, thus entitling her to a recovery of $2,793.5 to be paid in a lump sum. By separate order the employee was awarded $6. discretionary costs. The propriety of these awards is questioned on appeal. Our 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. T.C.A. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The claimant is 37 years old, with limited marketable skills. She was initially employed in 1991 or 1992, according to her testimony. In 1992 "something happened to my neck" while loading a spool of wire. Two or three
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. Richard Mcgregor |
Warren County | Workers Compensation Panel | 02/24/98 | |
| 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
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Davidson County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Irwin
03S01-9702-CC-00021
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Blount County | Supreme Court | 02/23/98 | |
| State vs. Grapel Simpson
02S01-9702-CC-00010
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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 | |
| Geneva Grahl vs. Lillie Davis, Et al
03S01-9701-CV-00011
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Supreme Court | 02/23/98 | ||
| State vs. Hoxie
03S01-9706-CR-00061
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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
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Court of Appeals | 02/23/98 | ||
| Dennis O'Neal Milligan v. Ten-State, Inc .
02S01-9612-CV-00110
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On or about July 9, 1993, while employed by the defendant, the claimant was attempting to move a mobile home with the assistance of fellow employees when his foot slipped and he was caused to twist and fall to his knee. He felt a burning sensation in his lower back shortly thereafter and reported this to his supervisor. The company referred him to a Dr. Howard Thomas, who in turn referred him to Dr. R. J. Hornsby. In the course of his examinations and treatments by these physicians, he underwent not only an MRI, an EMG and nerve conduction study, but also an epidural block and myelogram, which gave him a severe spinal headache. Because he continued to complain of pain in the low back upon examination, he was also evaluated by a physical therapist, who reported, ". . . he was totally inconsistent in every test and no impairment was noted that was consistent." (Notes of Dr. Hornsby). No permanent disability rating was given by either Dr. Hornsby or Dr. Thomas. However, claimant was referred by his attorney on October 4, 1994 to Dr. Robert Barnett, for an evaluation. Dr. Barnett saw him one time. Dr. Barnett said that he "thought that he had some lumbar radiculopathy, probably aggravation of preexisting degenerative changes." Dr. Barnett was also of the opinion that the claimant has a permanent impairment of ten percent (1%) of the whole body. When asked what the opinion was based upon, the doctor replied, Medically documented injury with the pain and stiffness, with some radiculopathy, and some limited motion, [giving a reference to the AMA guides]. (Deposition of Dr. Barnett, page 9). The doctor was then asked whether or not the history of claimant injuring himself in July of 1993 on the job "was consistent" with his diagnosis of lumbar radiculopathy and a ten percent (1%) permanent impairment to the body as a whole. The doctor 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge |
Hardin County | Workers Compensation Panel | 02/20/98 | |
| State vs. John Hackney
01C01-9704-CC-00152
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Rutherford County | Court of Criminal Appeals | 02/20/98 | |
| Landry, Jr. vs. Rudd
01A01-9707-CV-00303
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/20/98 | |
| Franko Fykes vs. State
01C01-9611-CR-00490
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Christopher Gibbs
01C01-9611-CC-00464
Originating Judge:Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 02/20/98 | |
| Bobby Roberson vs. Martha Brasfield, Comm., et al
02A01-9704-CV-00085
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 02/20/98 | |
| Devore vs. Deloitte & Touche
01A01-9602-CH-00073
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/20/98 | |
| Venture Express vs. Zilly, Ind.
01A01-9704-CV-00172
Originating Judge:Joseph Daniel |
Rutherford County | Court of Appeals | 02/20/98 | |
| Residents Against Ind. Landfill vs. Dept. of Environment
01A01-9507-CH-00311
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 02/20/98 | |
| Harrison, et. al. vs. Laursen, et. al.
01A01-9705-CH-00238
Originating Judge:Jim T. Hamilton |
Giles County | Court of Appeals | 02/20/98 |