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| 01C01-9603-CR-00084
01C01-9603-CR-00084
|
Davidson 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 | |
| 01C01-9508-CR-00264
01C01-9508-CR-00264
|
Davidson 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 | ||
| State vs. John Childress
02C01-9605-CC-00154
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9606-CC-00257
01C01-9606-CC-00257
|
DeKalb 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 | |
| 01C01-9401-CC-00017
01C01-9401-CC-00017
Originating Judge:John H. Gasaway, III |
Robertson 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 | |
| Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
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. This action was filed January 18, 1995 seeking benefits for a back injury sustained on April 6, 1994 while employed by the defendant hospital. The allegations of the complaint were generally denied, thus requiring the plaintiff to prove every element of her case by a preponderance of the evidence, except when relying upon TENN. CODE ANN. _ 5-6-242 which requires clear and convincing evidence as a predicate. The appellee allegedly suffered a back injury while lifting a patient. She was initially treated by a general practitioner in Gainsboro, Dr. E. M. Dudney, who referred her to Dr. Ray Hester, a neurosurgeon in Nashville, on May 5, 1994. Dr. Hester had treated the plaintiff for injuries she sustained in an automobile accident in 1982. These injuries involved, inter alia, a ruptured disc. She was released from treatment in 1983 with a 15 percent permanent partial impairment, and her activities were restricted. As stated, Dr. Hester saw the plaintiff eleven years later for this workers' compensation injury. He ordered a CT scan which revealed no significant pathology or findings and ultimately diagnosed her complaint as a lumbar strain. On July 19, 1995, he advised the employer by letter that: " . . . Mrs. Gentry apparently had a back strain. She had underlying degenerative joint disease in her back which was the result of her previous injuries to her back and not the more recent one where she was doing some lifting. I don't think she has any permanent impairment in relation to her lifting incident and no anatomical changes as a result of it." At some point before his deposition was taken for proof, Dr. Hester changed his opinion. He testified that the appellee had a five percent permanent impairment solely as a result of her 1994 injury. He found no objective signs of radiculopathy or loss of structural integrity. He imposed moderate lifting restrictions, and thought the appellee should be able to return to work. He found no anatomical changes in her back. Significantly, he testified that his impairment ratings of 15 percent for the 1982 injury and five percent for the 1994 injury were "separate and not a part and parcel of 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. C. K. Smith, |
Smith 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 | |
| State vs. Mario Gutierrez
02C01-9502-CC-00043
|
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 | |
| 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 | |
| 03C01-9605-CC-00190
03C01-9605-CC-00190
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal 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 | |
| State vs. Miller
03C01-9608-CR-00300
Originating Judge:R. Jerry Beck |
Sullivan 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 | |
| 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 | |
| Savco vs. Century
03A01-9611-CV-00360
|
Court of Appeals | 05/13/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/13/97 |