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| 01S01-9507-CR-00110
01S01-9507-CR-00110
|
Supreme Court | 09/16/96 | ||
| 02A01-9507-CH-00154
02A01-9507-CH-00154
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/13/96 | |
| James v. Doramus
01A01-9603-CH-00139
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 09/13/96 | |
| 02A01-9505-CH-00104
02A01-9505-CH-00104
|
Court of Appeals | 09/13/96 | ||
| National Healthcorp, L.P. v. James Puckett
01S01-9510-CV-00187
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 employer filed this complaint asking the trial court to determine whether the employee sustained any permanent partial disability as a result of an incident at work in which he was in an elevator which fell or sped downward for ten floors. The trial court found that plaintiff sustained a work-related injury resulting in temporary disability but failed to meet his burden of proving permanent impairment and therefore was not entitled to permanent partial disability benefits. The court found that certain court-ordered temporary total disability benefits had been paid beyond the employee's period of temporary disability, and ordered the employee to reimburse the employer $3,826.32 for this overpayment. Further, the court ordered the employer to pay medical expenses for authorized physicians and the employee to pay medical expenses for treatment he secured on his own. An issue raised on briefs as to the characterization of benefits so as to affect Social Security payments was withdrawn by employee's counsel at oral argument and will not be discussed herein. We affirm the judgment of the trial court. The employee worked for this employer from 199 until February 1992, when he was involved in an on-the-job accident. On February 19, 1992, while he was in a company elevator, the elevator "fell" or traveled too quickly from the fourteenth to the fourth floor. The employee was tossed about inside the elevator, wrenching his shoulder and neck. The employee was treated by various physicians, some of whom were approved by the employer and some of whom he saw on his own. Dr. Richard Rogers, an orthopedic surgeon, found degenerative changes in plaintiff's cervical spine not caused by trauma. Dr. Arthur Cushman, neurosurgeon provided a second surgical opinion at the court's order and found no permanent impairment.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Robert E. Corlew |
Rutherford County | Workers Compensation Panel | 09/13/96 | |
| Forbes vs. Wilson Co. Emergency
01A01-9602-CH-00089
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 09/13/96 | |
| 01C01-9511-PB-00380
01C01-9511-PB-00380
|
Davidson County | Court of Criminal Appeals | 09/13/96 | |
| National Healthcorp, L.P. v. James Puckett
01S01-9510-CV-00187
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 employer filed this complaint asking the trial court to determine whether the employee sustained any permanent partial disability as a result of an incident at work in which he was in an elevator which fell or sped downward for ten floors. The trial court found that plaintiff sustained a work-related injury resulting in temporary disability but failed to meet his burden of proving permanent impairment and therefore was not entitled to permanent partial disability benefits. The court found that certain court-ordered temporary total disability benefits had been paid beyond the employee's period of temporary disability, and ordered the employee to reimburse the employer $3,826.32 for this overpayment. Further, the court ordered the employer to pay medical expenses for authorized physicians and the employee to pay medical expenses for treatment he secured on his own. An issue raised on briefs as to the characterization of benefits so as to affect Social Security payments was withdrawn by employee's counsel at oral argument and will not be discussed herein. We affirm the judgment of the trial court. The employee worked for this employer from 199 until February 1992, when he was involved in an on-the-job accident. On February 19, 1992, while he was in a company elevator, the elevator "fell" or traveled too quickly from the fourteenth to the fourth floor. The employee was tossed about inside the elevator, wrenching his shoulder and neck. The employee was treated by various physicians, some of whom were approved by the employer and some of whom he saw on his own. Dr. Richard Rogers, an orthopedic surgeon, found degenerative changes in plaintiff's cervical spine not caused by trauma. Dr. Arthur Cushman, neurosurgeon provided a second surgical opinion at the court's order and found no permanent impairment.
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Robert E. Corlew |
Rutherford County | Workers Compensation Panel | 09/13/96 | |
| Forbes vs. Wilson Co. Emergency
01A01-9602-CH-00089
|
Wilson County | Court of Appeals | 09/13/96 | |
| Craig v. Gabbert
01A01-9506-CH-00274
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/13/96 | |
| 01C01-9512-CC-00412
01C01-9512-CC-00412
|
Giles County | Court of Criminal Appeals | 09/13/96 | |
| 02A01-9504-CV-00068
02A01-9504-CV-00068
Originating Judge:James T. Allison |
Shelby County | Court of Appeals | 09/13/96 | |
| 01C01-9507-CC-00235
01C01-9507-CC-00235
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 09/13/96 | |
| 03S01-9509--CV-00112
03S01-9509--CV-00112
|
Supreme Court | 09/13/96 | ||
| 01C01-9504-CR-00120
01C01-9504-CR-00120
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/13/96 | |
| 02A01-9508-CH-00164
02A01-9508-CH-00164
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 09/13/96 | |
| 01A01-9602-CH-00054
01A01-9602-CH-00054
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 09/13/96 | |
| 01C01-9506-CC-00209
01C01-9506-CC-00209
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 09/13/96 | |
| Cyril v. Fraser
01C01-9510-CC-00352
Originating Judge:Cornelia A. Clark |
Hickman County | Court of Criminal Appeals | 09/13/96 | |
| Vicky Ladd v. Perma-View Processed Glass
01S01-9509-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. Plaintiff injured her back on December 8, 1989 while working for defendant. The trial judge set the weekly benefit rate at $144.67, ordered defendant to pay certain discretionary costs and awarded plaintiff 35 percent permanent vocational disability. We affirm the trial judge's award of 35 percent permanent vocational disability and remand for further hearing on plaintiff's weekly benefit rate and discretionary costs. Plaintiff was injured at work on December 8, 1989 when a crate hit her in the back, resulting in a contusion of her left shoulder and subsequent symptomatic thoracic outlet syndrome and reflex sympathetic dystrophy. She was evaluated and treated by a number of doctors but has continued to have severe pain and other symptoms. Dr. W. D. Hudson saw plaintiff on the date of the accident and diagnosed brachial plexus contusion. When plaintiff continued to have severe pain, Dr. Hudson determined she had reflex sympathetic dystrophy from trauma to the left brachial plexus nerve fiber and referred her for neurosurgical evaluation and for treatment of chronic pain. He thought her permanent partial impairment was probably between twenty and thirty percent. Dr. Andrew Miller, orthopedic surgeon, treated plaintiff at the employer's request. He prescribed physiotherapy, heat, traction and an exercise program, with no improvement in plaintiff's symptoms. Dr. Miller diagnosed cervical degenerative arthritis at C-4 through C-6 and mild bulging disc at C-4/5, which he did not think were related to her work. Dr. John W. Klemin, chiropractor, diagnosed chronic cervicothoracic strain or sprain complicated by rotary scoliosis and vertebral subluxations resulting in thoracic outlet syndrome and thought the prognosis for recovery was guarded. Dr. Arthur Bond, neurosurgeon, evaluated plaintiff on August 8, 1991 and opined that plaintiff's history was compatible with thoracic outlet syndrome 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Alex W. Darnell |
Montgomery County | Workers Compensation Panel | 09/13/96 | |
| Vicky Ladd v. Perma-View Processed Glass
01S01-9509-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. Plaintiff injured her back on December 8, 1989 while working for defendant. The trial judge set the weekly benefit rate at $144.67, ordered defendant to pay certain discretionary costs and awarded plaintiff 35 percent permanent vocational disability. We affirm the trial judge's award of 35 percent permanent vocational disability and remand for further hearing on plaintiff's weekly benefit rate and discretionary costs. Plaintiff was injured at work on December 8, 1989 when a crate hit her in the back, resulting in a contusion of her left shoulder and subsequent symptomatic thoracic outlet syndrome and reflex sympathetic dystrophy. She was evaluated and treated by a number of doctors but has continued to have severe pain and other symptoms. Dr. W. D. Hudson saw plaintiff on the date of the accident and diagnosed brachial plexus contusion. When plaintiff continued to have severe pain, Dr. Hudson determined she had reflex sympathetic dystrophy from trauma to the left brachial plexus nerve fiber and referred her for neurosurgical evaluation and for treatment of chronic pain. He thought her permanent partial impairment was probably between twenty and thirty percent. Dr. Andrew Miller, orthopedic surgeon, treated plaintiff at the employer's request. He prescribed physiotherapy, heat, traction and an exercise program, with no improvement in plaintiff's symptoms. Dr. Miller diagnosed cervical degenerative arthritis at C-4 through C-6 and mild bulging disc at C-4/5, which he did not think were related to her work. Dr. John W. Klemin, chiropractor, diagnosed chronic cervicothoracic strain or sprain complicated by rotary scoliosis and vertebral subluxations resulting in thoracic outlet syndrome and thought the prognosis for recovery was guarded. Dr. Arthur Bond, neurosurgeon, evaluated plaintiff on August 8, 1991 and opined that plaintiff's history was compatible with thoracic outlet syndrome 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Alex W. Darnell |
Montgomery County | Workers Compensation Panel | 09/13/96 | |
| 02A01-9510-CV-00217
02A01-9510-CV-00217
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/13/96 | |
| 02A01-9504-CV-00095
02A01-9504-CV-00095
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/12/96 | |
| 02A01-9506-CH-00128
02A01-9506-CH-00128
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/12/96 | |
| Larry Coleman v. Kimberly-Clark Corporation
02S01-9602-CV-00021
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. The employee or claimant, Larry Coleman, is 52 and a high school graduate with no other training or education. He has worked all his adult life as an unskilled worker. On November 17, 1992, the fork lift which he was operating for the employer fell out of a truck bed to a parking lot, injuring him. He was treated and released at an emergency room and returned to work with pain. He ultimately was referred to a neurosurgeon, whom he first saw on January 26, 1993. The doctor diagnosed a herniated lumbar disc and prescribed an epidural block for the relief of pain. When conservative care no longer relieved the claimant's pain, surgery was performed. Since the surgery, he has continued to have disabling leg and back pain and numbness. The operation was the claimant's second for a ruptured disc in the low back, the other having occurred some seventeen years earlier. The claimant cannot sit or stand for long periods of time and has severely limited ability to bend forward. The operating surgeon assigned a permanent impairment rating of eighteen percent to the whole body, from the injury and surgery superimposed on his pre-existing spinal stenosis, using the AMA guidelines. Mr. Coleman does not think he can return to any kind of work. He has not worked since the surgery. A vocational expert examined the claimant and his medical records. The expert opined that the claimant has no transferable job skills and that he has no employability. The expert's opinion is based in part, however, on a hip problem which is not shown to have pre-existed the injury at work or to have been caused by the injury at work. We find no countervailing medical or vocational testimony in the record. The trial judge found the claimant's permanent industrial disability to be eighty-eight percent to the body as a whole and awarded benefits on that basis. Appellate review is de novo upon the record of the trial court, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 09/11/96 |