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Teresa Davis v. Tecumseh Products Company 02S01-9512-CV-00125 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. The only issue is the extent of the claimant's permanent partial disability. The panel concludes that the award of benefits on the basis of forty percent to both arms should be affirmed. The claimant, Teresa Davis, is thirty-five and has a tenth grade education. As noted by the trial judge, she has obvious intellectual limitations and her only working experience is in the field of manual labor. At the time of the trial she had not been able to find employment within her limitations. She gradually developed bilateral carpal tunnel syndrome at work and was referred to Dr. Glenn Barnett, who performed surgical releases on both arms and, when she continued to have pain when attempting to work, referred her to occupational therapy. He assessed her permanent impairment at five percent to each upper extremity. Her attorney referred her to Dr. Joseph Boals, who assessed her permanent impairment at ten percent to each upper extremity based on loss of grip strength following bilateral carpal tunnel release surgery. Dr. Ray Hester opined that she would not be able to perform repetitive work in the future. Other medical evidence confirmed the permanency of her injury. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). Considerable deference is accorded the trial judge's findings with respect to the credibility of witnesses who testify in person, as well as the weight and value of such testimony. Landers v. Fireman's Fund Insurance Company, 775 S.W.2d 355, 356 (Tenn. 1989). In determining a claimant's permanent industrial disability, the trial court should consider, in addition to the extent of medical impairment, many factors, including job skills, education, age, training, duration of disability and local job opportunities for the disabled. Worthington v. Modine Manufacturing Co., 798 S.W.2d 232, 234 (Tenn. 199). The trial judge expressly found that there are few work opportunities for the claimant in her disabled condition, contrary to the contention of the employer that there are numerous jobs available to her. The evidence fails to preponderate against that finding or the finding that she will retain a permanent impairment of forty percent to both arms. The judgment of the trial court is accordingly affirmed. Costs on appeal are taxed to the defendant-appellant. 2 Authoring Judge: Cecil Crowson, Jr. Originating Judge:Hon. Julian P. Guinn,	Henry County	Workers Compensation Panel	06/11/96
01C01-9504-CC-00109 01C01-9504-CC-00109	Pickett County	Court of Criminal Appeals	06/11/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	06/11/96
01C01-9506-CC-00196 01C01-9506-CC-00196	Williamson County	Court of Criminal Appeals	06/11/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Sullivan County	Court of Appeals	06/11/96
03A01-9510-BC-00355 03A01-9510-BC-00355		Court of Appeals	06/11/96
Teresa Davis v. Tecumseh Products Company 02S01-9512-CV-00125 This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Authoring Judge: Cecil Crowson, Jr. Originating Judge:Hon. Julian P. Guinn,	Henry County	Workers Compensation Panel	06/11/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	06/11/96
02A01-9504-CV-00082 02A01-9504-CV-00082 Originating Judge:Robert A. Lanier		Court of Appeals	06/11/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	06/11/96
03C01-9503-CR-00106 03C01-9503-CR-00106 Originating Judge:Thomas W. Graham	Bledsoe County	Court of Criminal Appeals	06/11/96
03A01-9601-CV-00004 03A01-9601-CV-00004		Court of Appeals	06/11/96
03A01-9510-CH-00372 03A01-9510-CH-00372 Originating Judge:Inman		Court of Appeals	06/10/96
State vs. Keith Thomas W1999-01938-CCA-R3-CD The defendant appeals his conviction for first degree murder, contending that the evidence was insufficient to support his conviction. We affirm the judgment of the trial court. Authoring Judge: Presiding Judge Joseph M. Tipton Originating Judge:Roger A. Page	Madison County	Court of Criminal Appeals	06/10/96
02C01-9411-CR-00247 02C01-9411-CR-00247	Shelby County	Court of Criminal Appeals	06/10/96
02C01-9510-CR-00295 02C01-9510-CR-00295	Shelby County	Court of Criminal Appeals	06/10/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Blount County	Court of Appeals	06/10/96
02S01-9501-CH-00005 02S01-9501-CH-00005		Supreme Court	06/10/96
01S01-9503-CC-00034 01S01-9503-CC-00034 Originating Judge:Charles D. Haston, Sr.		Supreme Court	06/10/96
Reva Pitts v. National Union Fire Insurance Company and Sue Ann Head Director of The Division of Workers' Compensation Tennessee Department of Labor, Second Injury Fund 03S01-9509-CH-00108 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's insurer, National Union, asserts that the evidence preponderates against the trial court's findings that (1) the claimant's injury was one arising out of her employment, (2) the claimant is permanently and totally disabled , and (3) the claimant gave the required notice to the employer. The Second Injury Fund (the Fund) asserts that the evidence preponderates against the trial court's finding that (1) the claimant is permanently and totally disabled and (2) the claimant is entitled to more than twenty-two weeks of temporary total disability. The panel has concluded that the judgment should be modified as set forth below. The employee or claimant, Reva Pitts, is thirty-nine and has ahigh school education. She has some computer training. From a previous injury she received a workers' compensation based on forty percent to the body as a whole. In her duties as a tire builder for the employer, Dico Tire, Inc., she operated a machine by pushing foot pedals. As a result, she gradually developed foot pain in both feet, which, on July 24, 1992, Dr. James Engblom diagnosed as tarsal tunnel syndrome, superimposed on other foot maladies. The doctor operated on both feet and estimated her permanent impairment at fourteen percent to both feet. She reached maximum medical improvement for her left foot on August 3, 1992 and for her right foot on November 6, 1992. Dr. Catherine Gyurik, a psychiatrist, began evaluating the claimant on July 28, 1993, and diagnosed recurrent depression chronologically related to her foot problems. The doctor did not testify the claimant was permanently impaired by her mental condition. Dr. Norman Hankins, a vocational expert, testified that the claimant was eighty-one percent disabled from the foot injury and subsequent surgery, based on restrictions from a physical therapist. The chancellor found the employee to be permanently and totally disabled and apportioned forty percent of the award of disability benefits to the Fund and sixty percent to the employer. Additionally, the chancellor awarded temporary total disability benefits from May 21, 1992 to August 22, 1992, and from September 4, 1992 through November 6, 1992. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Billy Joe White,	Knox County	Workers Compensation Panel	06/10/96
03A01-9509-CV-00332 03A01-9509-CV-00332	McMinn County	Court of Appeals	06/10/96
01S01-9503-CC-00034 01S01-9503-CC-00034 Originating Judge:Charles D. Haston, Sr.		Supreme Court	06/10/96
02C01-9507-CC-00193 02C01-9507-CC-00193	Weakley County	Court of Criminal Appeals	06/10/96
03A01-9601-CH-00030 03A01-9601-CH-00030	Polk County	Court of Appeals	06/10/96
02S01-9502-CC-00013 02S01-9502-CC-00013		Supreme Court	06/10/96