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| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/22/96 | ||
| MC-CH-CV-RE-03-15
MC-CH-CV-RE-03-15
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 10/22/96 | |
| Rita Baker v. Ckr Industries, Inc.
01S01-9604-CV-00074
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. The plaintiff is employed by CKR Industries, a Winchester company that makes rubber windshield and door sealers for Nissan. A piece of plywood fell on her on January 4, 1993, and she filed suit alleging that as a result, she is totally, permanently disabled. The trial court found otherwise and ruled that she has no permanent disability. Because the trial court's finding is fully supported by the evidence, we affirm the decision. The minor nature of the accident is one factor supporting the trial court's decision. The four foot-by-eight foot single sheet of plywood surrounded by a metal frame was being used as a bulletin board and was standing next to where the plaintiff worked. It only fell one or two feet onto her shoulder. The plaintiff did not seek any medical treatment for several days. She never missed any work on account of the accident that she alleges left her totally and permanently disabled. She now works ten-to-twelve hours a day, five days a week. The most reliable medical evidence does not support her claim of permanent disability. He primary treating physician was Dr. Ray Fambrough, an orthopedic surgeon in Huntsville, Alabama. He diagnosed the plaintiff as having "subacromial impingement" which is nothing more than bursitis of the shoulder. Dr. Fambrough concluded that the blow to the plaintiff's shoulder did not in itself cause the bursitis, but that it exacerbated it. He testified that any impairment from the blow to the shoulder would be negligible. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Thomas W. Graham, |
Franklin County | Workers Compensation Panel | 10/22/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 10/21/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| 03A01-9607-CV-00227
03A01-9607-CV-00227
Originating Judge:Inman |
Court of Appeals | 10/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| In April 1989. In The Present Appeal, The Petitioner, Relying In Part Upon State v. Roger
02C01-9610-CC-00333
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Lake County | Court of Criminal Appeals | 10/21/96 | |
| State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June 20, 1996),
02C01-9610-CC-00335
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Lake County | Court of Criminal Appeals | 10/21/96 | |
| 01A01-9604-CH-00181
01A01-9604-CH-00181
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Appeals | 10/18/96 | |
| 03C01-9506-CR-00169
03C01-9506-CR-00169
Originating Judge:James C. Witt |
Campbell County | Court of Criminal Appeals | 10/18/96 | |
| 01A01-9603-PB-00093
01A01-9603-PB-00093
Originating Judge:James R. Everett |
Davidson County | Court of Appeals | 10/18/96 | |
| 01A01-9604-CH-00149
01A01-9604-CH-00149
Originating Judge:Ellen Hobbs Lyle |
Court of Appeals | 10/18/96 | ||
| 01A01-9604-CH-00191
01A01-9604-CH-00191
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/18/96 | |
| State vs. John Wayne Slate
03C01-9511-CC-00352
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| State vs. John Wayne Slate
03C01-9511-CC-00352
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| Honorable Hamilton v. Gayden, Jr., Judge
01A01-9605-CV-00201
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 10/18/96 | |
| 03C01-9512-CC-00381
03C01-9512-CC-00381
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| 01A01-9602-CV-00070
01A01-9602-CV-00070
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/18/96 | |
| 02C01-9507-CC-00203
02C01-9507-CC-00203
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Benton County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9601-CR-00038
02C01-9601-CR-00038
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Shelby County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9512-CR-00427
01C01-9512-CR-00427
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/17/96 | |
| Billy Gibson v. Aetna Casualty and Surety Co. and Wolf Tree Experts, Inc.,
03S01-9602-CV-00012
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. Plaintiff, Billy Gibson, was awarded 1 percent permanent disability benefits by the Circuit Court of Sevier County as a result of an accident on June 24, 1991, when he fell backward from a truck to the ground injuring his back. Defendants, Wolf Tree Experts, Inc. and The Aetna Casualty and Surety Company, have appealed insisting the evidence preponderates against the finding of total disability. Plaintiff is 4 years of age with a third grade education; he cannot read or write and was employed as a tree trimmer by defendant employer for almost twenty years; he had back surgery (ruptured disc) in 1978 but recovered sufficiently to work full time without any real problems; his injury as a result of the June 1991 accident resulted in another ruptured disc and this surgery did not appear to be successful; another surgical procedure was performed to remove bone fragments; he told the trial court he was not able to return to work as a tree trimmer or do any other type work on a regular basis; he admitted he had worked at what he called "piddling jobs" and said he was usually on the heating pad for several days after activity of this nature; his complaints of pain continued up to the date of the trial. Plaintiff's treating physician and surgeon was Dr. Archer W. Bishop, Jr., who testified by deposition. Dr. Bishop testified plaintiff continued to complain of pain during his entire treatment period, including the numerous visits after the last surgical procedure. He said at one point another surgery was contemplated but was not performed because he felt the chance of improvement was small. He gave plaintiff a 12 percent medical impairment and said he should avoid repetitive bending, stooping and heavy lifting of more than forty pounds. Craig R. Colvin, a disability management consultant, testified by 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Sevier County | Workers Compensation Panel | 10/17/96 | |
| Ralph D. West v. Sonic Drive-In and Anco Interstate Insurance Company
01S01-9603-CH-00054
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 alleged that he injured his back on November 27, 1991 while employed as a cook. He sought medical treatment about one month later and in course was referred to Dr. Fonda Bondurant, an orthopedic surgeon in Lebanon, Tennessee, who performed a hemilaminectomy and discectomy on January 27, 1992. The surgery was successful, and the plaintiff was released to return to work on March 31, 1992. Utilizing the AMA Guidelines, Dr. Bondurant gave the plaintiff an impairment rating of eight percent "strictly because he had surgical intervention performed." This case has been twice tried. The first trial was held on April 19, 1993 and ended with a non-suit after the plaintiff and his wife testified. The second trial was held on October 4, 1994 resulting in a finding that the plaintiff had a 32 percent vocational impairment. The defendant appeals and presents for review the issues of notice, occurrence, injury and disability. An issue involving the admission of certain Social Security records is also presented. Our review is de novo on the record, accompanied with the presumption that the findings of fact of the trial court are correct unless the evidence otherwise preponderates. T.C.A. _ 5-6-225(e)(2). At the outset, we are constrained to observe that this 38-year-old man has testified three times; once upon discovery and twice in open court. His testimony is inconsistent and obviously underwent considerable fine-tuning during the interim between trials. The Chancellor expressed his dissatisfaction with certain aspects of the case, but in the end resolved the issues of notice and injury favorably to the plaintiff, chiefly because a reputable orthopedic surgeon took a history from the plaintiff two months after the injury and performed major corrective surgery on him. In any event the Chancellor is the best judge of the credibility of the plaintiff and we 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. C.K. Smith, |
Smith County | Workers Compensation Panel | 10/17/96 |