APPELLATE COURT OPINIONS

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Tommye Johnson vs. Edward Johnson, Sr.

02A01-9609-Cv-00217

Originating Judge:George H. Brown
Shelby County Court of Appeals 05/20/97
Marilyn Morgan vs. Velma McCrory

02A01-9604-CV-00072

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 05/20/97
Stein vs. Davidson Hotel Company

01S01-9610-CV-00202
Davidson County Supreme Court 05/19/97
State vs. Christopher Prentiss

02C01-9604-CR-00112

Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 05/19/97
State vs. Teague

03C01-9601-CC-00027
Blount County Court of Criminal Appeals 05/19/97
State vs. Henry Eugene Hodges

01S01-9505-CR-00080
Davidson County Supreme Court 05/19/97
Kite vs. Kite

03S01-9610-CH-00099
Supreme Court 05/19/97
03C01-9311-CR-00363

03C01-9311-CR-00363

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 05/19/97
State vs. Maurice Garner

02C01-9508-CR-00223

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 05/19/97
State vs. Nail

03C01-9406-CR-00197

Originating Judge:Paul A. Swafford
Rhea County Court of Criminal Appeals 05/19/97
State vs. Johnson

03C01-9606-CC-00214

Originating Judge:E. Eugene Eblen
Loudon County Court of Criminal Appeals 05/19/97
State vs. Beeler

03C01-9607-CC-00264

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 05/19/97
State vs. Lowery

03C01-9604-CC-00146

Originating Judge:William R. Holt
Jefferson County Court of Criminal Appeals 05/19/97
01C01-9605-CR-00215

01C01-9605-CR-00215

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 05/16/97
Vowell Ventures vs. The City of Martin

02A01-9604-CH-00090

Originating Judge:William B. Acree
Weakley County Court of Appeals 05/16/97
Nancy Olivieri vs. Paul Oliveri

02A01-9512-CV-00282
Court of Appeals 05/16/97
01C01-9605-CR-00203

01C01-9605-CR-00203

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 05/16/97
State vs. John Childress

02C01-9605-CC-00154

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 05/16/97
01C01-9507-CC-00219

01C01-9507-CC-00219
Cheatham County Court of Criminal Appeals 05/16/97
01C01-9511-CC-00378

01C01-9511-CC-00378

Originating Judge:Leonard W. Martin
Dickson County Court of Criminal Appeals 05/16/97
Michael Siniard v. Saturn Corporation

01S01-9609-CV-00175
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, age 43, remains employed by Saturn Corporation, where he began in 199. He developed carpal tunnel syndrome in both wrists in 1994 and was provided with splints, medication, and access to physical therapy. In time the plaintiff was referred to Dr. James W iesman, an orthopedic surgeon, who performed a carpal tunnel release on his right hand. He returned to work for Saturn which assigned him a job not involving repetitive use of his hands. The plaintiff filed this complaint seeking benefits for a permanent partial disability occasioned by the asserted impairment caused by the carpal tunnel syndrome. The trial judge awarded benefits based on a finding of ten percent permanent partial disability to his right arm. The plaintiff appeals, insisting the award is inadequate for the reasons hereafter discussed. The treating physician testified that the release surgery was successful and that the plaintiff retained a two (2) percent impairment to his right arm. The plaintiff was referred by his attorney to Dr. David W. Gaw, also an orthopedic surgeon, for evaluation. Dr. Gaw saw the plaintiff only on one occasion. He conducted various tests and concluded that the plaintiff had a ten percent permanent partial impairment to his right arm. He disdained as unauthorized by the AMA Guides an evaluation of two (2) percent impairment as found by Dr. Wiesman. 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. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff criticizes Dr. Wiesman for his alleged failure to use the AMA Guides. While Dr. Wiesman apparently was not enamored by the Guides, he testified that "I used those Guides," and that "I did the impairment rating based on 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton,
Maury County Workers Compensation Panel 05/16/97
Kenneth & Bertie Downing vs. City of Memphis

02A01-9608-CV-00177

Originating Judge:Robert A. Lanier
Shelby County Court of Appeals 05/16/97
01C01-9601-CR-00041

01C01-9601-CR-00041
Davidson County Court of Criminal Appeals 05/16/97
01C01-9603-CR-00084

01C01-9603-CR-00084
Davidson County Court of Criminal Appeals 05/16/97
Herbert Earl Carter v. Itt Hartford

01S01-9606-CH-00111
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon.
Carter County Workers Compensation Panel 05/16/97