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| 01C01-9607-CC-00289
01C01-9607-CC-00289
|
Court of Criminal Appeals | 05/16/97 | ||
| Donald Groton, Etc. v. Traverlers Insurance Co.
01S01-9607-CV-00154
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 of findings of fact and conclusions of law. This Court is once again called upon to decide wither an injury sustained en route to work is compensable. We conclude that it is not and reverse the trial court's finding that it is. Regrettably, this case involves more than an injury. Donald Groton died from injuries he sustained in a car wreck while traveling to work on January 14, 1994. He worked for John Coleman Hayes, P.C. an engineering firm under contract with Nashville's airport authority to supervise noise abatement modifications being made to homes in the Antioch and Donelson neighborhoods close to the airport. Groton was one of two inspectors who examined the work of the contractors. He used his own vehicle in his work. The employer paid Groton mileage for driving from the office to job sites and from one job site to another. The employer did not pay Groton for driving from his home to the office or to the first job site of the day if Groton went there first. Likewise, the employer did not pay Groton for travel away from the office or from the last job site at the end of the work day. On the date of the accident, Groton did not report for duty at either the office or a job site as usual. James Michael Smith, John Coleman Hayes's construction manager, called Groton the day before and instructed him to go to a job site of a sister company, John Coleman Hayes Construction Company. Smith needed some surveying work done and Groton knew how to do it. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Bobby Capers, |
Wilson County | Workers Compensation Panel | 05/16/97 | |
| Eddie Bryant v. Opryland USA, Inc., et al.
01S01-9611-CH-00231
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 defendants in this appeal contend that the Chancellor's award of benefits to the plaintiff on the basis of a percentage to the body as a whole was error in light of the proof which established injuries only to both of plaintiff's arms which are scheduled members. The panel concludes that the award of benefits on the basis of sixty percent to the body as a whole should be modified to provide for an award of sixty percent to both arms. Tenn. Code Ann. _ 5-6-27(3)(A)(ii)(w) (1996 Supp.) The judgment of the trial court is therefore affirmed as modified. The plaintiff, Eddie Bryant, was thirty-six years old at the time of trial. Following his graduation from high school, Bryant served three years in the Navy and received training as a mechanic in diesel repair and in boiler repair. He completed three different training courses at Gravely Equipment, Briggs Equipment School and Echo Power Equipment. Subsequent to his discharge from the Navy, Bryant began working for the defendant Opryland as a mechanic in the horticulture department. Although Bryant was also in charge of the trash crew and performed some tree trimming, his primary job was that of mechanic. In 1992, Bryant began dropping tools and experiencing numbness in his hands. Bryant first saw Dr. Steven Salyers, a medical doctor who specializes in orthopedics, on September 18, 1992. Based upon testing and examination of Bryant, Dr. Salyers diagnosed Bryant as having carpal tunnel syndrome in his right hand. Initially, Dr. Salyers prescribed conservative treatment for Bryant, however, that treatment proved unsuccessful. On January 28, 1993, Dr. Salyers performed corrective release surgery on Bryant's right wrist. Bryant returned to work on light duty, but began experiencing pain and discomfort in his left hand. Electrodiagnostic studies done on March 12, 1993 revealed mild carpal tunnel syndrome. Dr. Salyers -2-
Authoring Judge: Frank F. Drowota, III, Justice
Originating Judge:Hon. Alex W. Darnell, |
Montgomery County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9605-CR-00215
01C01-9605-CR-00215
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/16/97 | |
| Earl Barrett v. City of Lebanon, et al.
01S01-9608-CH-00158
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 is a 4-year-old man whose work experience has essentially been limited to manual labor. On August 2, 1994, during the course and scope of his employment by the City of Lebanon and while using a jackhammer, he sprained a neck muscle while attempting to dislodge the implement. He returned to light duty on February 6, 1995 and full duty on March 2, 1995. The issue is whether the evidence preponderates against the judgment of the trial court that the plaintiff retained a 12.5% permanent partial disability to his body as a whole as a result of the cervical strain. Our review is de novo on the record with the presumption of the correctness of the judgment unless the evidence otherwise preponderates. T.C.A. _ 5-6-225(e)(2) and TENN. R. CIV. P. 13(d). The treating physician was Dr. W. Garrison Strickland, board-certified in psychiatry and neurology. His examination and testing revealed mild degenerative changes in the cervical spine. He testified that the results of a functional capacity evaluation were inconsistent, meaning that the plaintiff's efforts were not always sincere. Dr. Strickland declined to state an opinion as to whether the plaintiff had any impairment because there were no objective findings and the functional capacity evaluation was inconsistent. The plaintiff was referred to Dr. Jack Fishbein, an orthopedic surgeon, by his attorney. He saw the plaintiff only on one occasion and testified that he found muscle tightness and limited range of motion with pain radiating from the right shoulder. He assessed 5% impairment to the body as a whole. The trial judge found the testimony of Dr. Fishbein to be more credible than the testimony of Dr. Strickland, who, as stated, declined to state an opinion because he found no objective symptoms and does not give impairment ratings if the functional capacity evaluation is inconsistent. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Charles K. Smith, |
Wilson County | Workers Compensation Panel | 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 | |
| Margaret Ann Scruggs v. National Health Corp.
01S01-9504-CH-00052
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. For the reasons set forth below, the judgment of the trial court is affirmed. The plaintiff, Margaret Ann Scruggs, injured her neck on December 25, 1991, while employed as a nurse's aid by the defendant, National Healthcorp, L.P., d/b/a/ Merihil Health Care Center, Inc. The plaintiff, was 52 years old at the time of trial. She did not finish the seventh grade. Her employment history consists of working as a private sitter and in various restaurants and factories. She has had training as a nurse's aide. Plaintiff was first treated for her work-related neck injury by Dr.Kenneth J. Phelps. She informed Dr. Phelps that she was experiencing pain from her neck that was radiating down into her left arm causing loss of grip strength in her hand. Dr. Phelps confirmed plaintiff's complaint of pain and loss of grip strength, scheduled physical therapy and imposed lifting restrictions. Dr. Phelps continued to see plaintiff through October, 1992, because she continued to complain of symptoms similar to those she had complained of after the accident. She also indicated she had additional problems such as pain down her back and into her left leg, spasms in her back, difficulty sleeping and panic attacks. From January of 1993 through January of 1994, plaintiff was treated by Dr. Richard Fishbein, an orthopedic surgeon. Dr. Fishbein diagnosed plaintiff as 2
Authoring Judge: John Maddux, Special Judge
Originating Judge:Hon. Tyrus H. Cobb, |
Marshall County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9507-CC-00219
01C01-9507-CC-00219
|
Cheatham County | Court of Criminal Appeals | 05/16/97 | |
| Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
Authoring Judge: William H. Inman, Senior Judge
|
Smith County | Workers Compensation Panel | 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 | |
| State vs. James Marion
02C01-9605-CR-00158
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/16/97 | |
| Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.
01S01-9608-CH-00164
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 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Franklin County | Workers Compensation Panel | 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 | |
| 01C01-9508-CR-00264
01C01-9508-CR-00264
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 05/15/97 | |
| State vs. Johnny Smith
02C01-9602-CR-00061
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/97 | |
| State vs. Mario Gutierrez
02C01-9502-CC-00043
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Hardin County | Court of Criminal Appeals | 05/15/97 | |
| Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/15/97 | |
| Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/97 | |
| Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/14/97 | |
| Gentry vs. Gentry
01A01-9611-CH-00512
Originating Judge:Alex W. Darnell |
Montgomery County | Court of Appeals | 05/14/97 | |
| 03C01-9605-CC-00190
03C01-9605-CC-00190
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 05/14/97 | |
| Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View
Originating Judge:John A. Turnbull |
Court of Appeals | 05/14/97 | ||
| Nance vs. Nance
01A01-9611-CV-00515
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/14/97 |