Please enter some keywords to search.
| 01C01-9607-CR-00307
01C01-9607-CR-00307
|
White County | Court of Criminal Appeals | 09/30/97 | |
| 01CO1-9610-CR-00417
01CO1-9610-CR-00417
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| Lambdin v. Old
03S01-9610-CH-00102
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 appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 09/30/97 | |
| State vs. Thompson
03C01-9609-CR-00353
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/30/97 | |
| Givler vs. Givler
03A01-9702-CV-00061
|
Blount County | Court of Appeals | 09/30/97 | |
| State vs. John Allen Chapman
01C01-9604-CC-00137
Originating Judge:Thomas W. Graham |
Grundy County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Dwjuan L. Bradford
01C01-9607-CR-00294
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Justes
03C01-9610-CR-00368
|
Morgan County | Court of Criminal Appeals | 09/30/97 | |
| 01C01-9608--CC-00335
01C01-9608--CC-00335
|
Dickson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Edward I. Isibor
01C01-9610-CC-00441
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. John Allen Chapman
01C01-9604-CC-00137
Originating Judge:Thomas W. Graham |
Grundy County | Court of Criminal Appeals | 09/30/97 | |
| Steven Mason vs. State
01C01-9610-CC-00428
|
Maury County | Court of Criminal Appeals | 09/30/97 | |
| 01C01-9603-CC-00092
01C01-9603-CC-00092
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. James Edward Gates
01C01-9607-CR-00312
|
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| Ricky D. Hulsey vs. State
01C01-9609-CC-00399
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 09/30/97 | |
| 01C01-9605-CR-00184
01C01-9605-CR-00184
|
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 09/30/97 | |
| Petition. See State v. Joseph Clyde Beard, Jr., No. 03C01-9502-Cr-000044,
01C01-9603-CC-00092
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 09/30/97 | |
| State vs. Michael Amos
01C01-9601-CC-00011
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 09/30/97 | |
| Tennessee Farmers Mutual Ins. vs. Thomas Tipton
02A01-9702-CV-00037
Originating Judge:Joseph H. Walker |
Court of Appeals | 09/29/97 | ||
| State vs. Dubose
01S01-9602-CC-00029
Originating Judge:Henry Denmark Bell |
Williamson County | Supreme Court | 09/29/97 | |
| McDaniel vs. CSX Transportation, Inc.
01S01-9605-CV-00095
|
Supreme Court | 09/29/97 | ||
| Shipley vs. Shipley
03A01-9611-JV-00369
|
Greene County | Court of Appeals | 09/29/97 | |
| Charley Clunan Co. Inc. vs. Joyce Martin
02A01-9704-CH-00087
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 09/29/97 | |
| Michael A. Smith v. Continental Casualty Co.
02S01-9704-CH-00033
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 of findings of fact and conclusions of law. Following a bench trial, the chancellor below found that there was no proof that plaintiff injured his back during the course and scope of his employment, and further found that plaintiff gave his employer no notice of injury. On appeal plaintiff has raised one issue for our consideration: whether the trial court erred in preventing plaintiff from offering proof as to a specific injury and notice of injury by sustaining an objection to certain testimony of plaintiff. In addition, defendant presents one issue: whether the evidence preponderates against the chancellor's finding that plaintiff did not sustain a work-related injury. We find no error and affirm. Michael A. Smith ("plaintiff") was employed by Kroger Grocery Company from 1978 through March 1994. Specifically, on March 16, 1994, plaintiff worked a nine hour shift and went home. The next morning he awoke with extreme pain in his back. He later went to the emergency room of the hospital in Jackson where he was subsequently diagnosed as having osteoporosis and three or four possible compression fractures of the vertebrae in the thoracic spine. When plaintiff's pain did not clear up, his treating physician referred him to Dr. Genaro Palmieri, who practices a specialty of endocrinology and metabolic bone diseases in Memphis. The subsequent examination of plaintiff by Dr. Palmieri confirmed that he indeed had the disease osteoporosis, in which the bones become extremely porous and more easily subject to fracture. X-rays taken by Dr. Palmieri's radiologists confirmed the fractures at T-4 and T-7, which according to the radiologists were old and were present before 1987. During the course of the trial, plaintiff was asked upon direct examination when a doctor first informed him of a connection between his work at Kroger and his back condition. Defendant's objection on the ground of hearsay was sustained by the chancellor. Subsequently, the chancellor ruled that there was nothing to indicate that plaintiff injured his back during the course and scope of his employment, therefore the injury was not compensable. The chancellor also
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Originating Judge:Hon. Joe C. Morris, Chancellor |
Smith County | Workers Compensation Panel | 09/29/97 |