APPELLATE COURT OPINIONS

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X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Anderson County Court of Appeals 10/30/96
02A01-9510-CV-00236

02A01-9510-CV-00236

Originating Judge:J. Steven Stafford
Shelby County Court of Appeals 10/29/96
01C01-9511-CR-00368

01C01-9511-CR-00368
Davidson County Court of Criminal Appeals 10/29/96
01C01-9510-CC-00338

01C01-9510-CC-00338

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 10/29/96
01C01-9509-CC-00297

01C01-9509-CC-00297

Originating Judge:W. Charles Lee
Marshall County Court of Criminal Appeals 10/29/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/29/96
01C01-9509-CC-00286

01C01-9509-CC-00286

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 10/29/96
02S01-9509-CH-00084

02S01-9509-CH-00084
Supreme Court 10/28/96
02S01-9512-CV-00122

02S01-9512-CV-00122

Originating Judge:D'Army Bailey
Shelby County Supreme Court 10/28/96
01S01-9508-CH-00140

01S01-9508-CH-00140
Supreme Court 10/28/96
01A01-9604-CH-00177

01A01-9604-CH-00177

Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/25/96
Alva Marie Reynolds v. Wal-Mart Stores, Inc.

01S01-9509-CH-00172
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 findings of fact and conclusions of law to the Supreme Court. Alva Marie Reynolds, the plaintiff- employee, appeals the decision of the Coffee County Chancery Court denying her relief on her worker's compensation claim. On appeal, the sole issue is whether the trial court erred in finding that the plaintiff failed to carry the burden of proving that she sustained an injury arising out of her employment. The trial court found plaintiff 's injury was the result of a pre-existing idiopathic condition. On January 5, 1993, the plaintiff, who was at that time sixty-two years old, sustained an injury to her ankle when she fell at her place of employment, Wal- Mart. The plaintiff had worked at Wal-Mart in diverse capacities for eleven years before her accident, and at the time of her injury, she had been working in the fitting room area for a couple of years. In addition to monitoring the clothing which was brought in and out of the fitting room, she answered Wal-Mart's incoming calls, made announcements, and paged employees within the store. Regarding her fall, the plaintiff testified that, after being told to take a hurried break, she rushed out of the fitting room and fell at the point that the floor changed from carpet to tile. She testified that she had not previously experienced numbness in her legs nor had she ever fallen at work or home before this incident. The plaintiff worked the remainder of the day and did not see a doctor until the next day when her ankle was diagnosed as being broken. On cross-examination, the plaintiff acknowledged that in two depositions taken after the accident, she did not mention that she was in a hurry at the time that she fell. She explained that she did not remember this until later. However, in a deposition 2
Authoring Judge: Erry L. Smith, Special Judge
Originating Judge:Hon. John W. Rollins, Judge
Coffee County Workers Compensation Panel 10/25/96
02A01-9508-CV-00185

02A01-9508-CV-00185

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 10/25/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 10/25/96
02A01-9508-CV-00185

02A01-9508-CV-00185

Originating Judge:John Franklin Murchison
Madison County Court of Appeals 10/25/96
William O. Worley, Jr. v. Tecumseh Products Company

01S01-9509-CV-00160
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. In this case, the trial court awarded 45% permanent partial disability to the right arm. Defendant contends that the evidence does not support the percentage of disability awarded and requests that this court reduce and amend the judgment of the trial court accordingly. The Defendant also contends that the trial court erred in accrediting the testimony of Plaintiff's expert witness over the testimony of the treating physician. The final issue is whether the trial court erred in awarding discretionary costs for the deposition of Plaintiff's expert medical witness. The Defendant also raises the issue of whether the trial court erred in awarding a lump sum. As the benefits have now accrued, this issue is moot. On June 19, 1992, Plaintiff injured his right arm and wrist while working on a machine. Plaintiff is 48 years old and has a high school education. His work experience consists of working in the parts department, as a mechanic, as a tool and die worker, on a surveying crew, as a fire fighter, as a guard, and as a water pipeline repairer. Each of these jobs required heavy manual labor and the use of Plaintiff's arms and hands. Plaintiff had been employed at Tecumseh for approximately a year and a half when he sustained the injury. Dr. L. L. Carter, Jr. treated the Plaintiff after he was injured. Dr. Carter first examined Plaintiff on July 7, 1992. Dr. Carter testified, by deposition, that the nerve conduction tests showed elbow nerve and wrist nerve damage. Initially, Dr. Carter treated this condition conservatively, with a wrist splint, with no improvement. On August 31, 1992, Dr. Carter performed ulnar nerve decompression and submuscular transposition. At the same time, carpal tunnel release in the right hand and a nerve graft to the neuroma on the right wrist were performed. Three days later, Plaintiff was told to return to light work. Plaintiff was returned to regular work on December 15, 1992. Dr. Carter did not see Plaintiff again until January 8, 1993, at the request of
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Buddy D. Perry,
Sequatchie County Workers Compensation Panel 10/25/96
Phillip L. Pyrdum v. Teledyne Systems Company Inc., Teledyne Lewisburg

01S01-9601-CH-00009
This worker's compensation appeal has been referred to the special worker's 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.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Tyrus H. Cobb
Marshall County Workers Compensation Panel 10/25/96
01A01-9603-CV-00122

01A01-9603-CV-00122

Originating Judge:Bobby H. Capers
Wilson County Court of Appeals 10/25/96
01A01-9604-CV-00180

01A01-9604-CV-00180

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 10/25/96
01C01-9601-CC-00018

01C01-9601-CC-00018
Maury County Court of Criminal Appeals 10/24/96
03A01-9603-CH-00100

03A01-9603-CH-00100

Originating Judge:William H. Inman
Court of Appeals 10/24/96
02A01-9603-CH-00055

02A01-9603-CH-00055
Shelby County Court of Appeals 10/24/96
01C01-9509-CC-00293

01C01-9509-CC-00293

Originating Judge:Cornelia A. Clark
Williamson County Court of Criminal Appeals 10/24/96
03A01-9603-CH-00113

03A01-9603-CH-00113

Originating Judge:Inman
Court of Appeals 10/24/96
01C01-9312-CR-00439

01C01-9312-CR-00439

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 10/24/96