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John Primm v. Ucar Carbon Company, Inc. 01S01-9511-CV-00204 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. Defendant, UCAR Carbon Company, Inc., has appealed from the action of the trial court in awarding plaintiff, John Primm, 65% permanent partial disability benefits to the body as a whole. Defendant contends the trial court was in error (1) in awarding 65% disability to the body as a whole, (2) in denying Defendant a set-off for payments of short-term disability insurance benefits and (3) in commuting the award to one lump sum payment. Plaintiff is 63 years of age and has a 12th grade education. He has followed construction work for many years and had worked for Defendant for 13 years prior to the time in question. During October, 1993, he was injured while using a pry bar to move a heavy metal plate. He said he felt a pinch in his back and shoulder and reported the injury to his employer. He continued to work on and off for different periods of time until his surgical procedures were over. After finally being released by his physician, he told the trial court he could not work at his old job and he elected to retire during March, 1995. The testimony of Dr. Eslick Daniel, an orthopedic surgeon, was presented by deposition. He indicated he first saw plaintiff on November 3, 1993, when he noted plaintiff had degenerative disc disease of his back and early arthritic changes of his shoulder. His first diagnosis was a shoulder and back strain and he said plaintiff did not indicate his problem was work-related. Upon seeing him a second time, his diagnosis was a rotator cuff strain with some tendinitis. He noted that between the two visits the patient had also seen a hospital emergency room doctor. Dr. Daniel had scheduled a CT Scan but plaintiff declined to take the test as he said the doctor had accused him of "faking" the injury. Dr. Daniel did not recall nor deny this conversation. Plaintiff decided to see another doctor designated by Defendant. This physician referred him to Dr. Greg Lanford, a neurosurgeon, who examined plaintiff 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Jim T. Hamilton,	Maury County	Workers Compensation Panel	06/20/96
Johnson Controls v. Shelby J. Cotham and Larry Brinton, Director, Second Injury Fund 01S01-9511-CV-00212 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, Johnson Controls, Inc., instituted suit against defendant, Shelby J. Cotham, seeking a determination as to whether the defendant employee had sustained a work-related injury which was compensable. The Circuit Judge found the claim to be compensable and awarded 1 percent permanent disability benefits apportioning 75 percent of the award to plaintiff-employer and 25 percent to the Second Injury Fund. The employer has appealed the decision insisting defendant's knee condition was not caused by her work activities and that her tendinitis in her hand was not a permanent injury. The employee contends the evidence supports the trial court's findings and that the trial court was in error in directing the award of disability be reduced or set-off by amounts paid to her for short term disability benefits which she received for about five months. Shelby J. Cotham is 52 years of age and has a 7th grade education. She has been employed by plaintiff for about 22 years. During most of her employment she has been on production work on an assembly line or subline assembly requiring repetitive use of her hands and prolonged periods of standing and/or sitting. The record indicates she had suffered from osteoarthritis in her knees since 1984-1989; her hand problem first began during April, 1993; she worked through June, 1994, and did not ever return to work as she testified she could not perform her work duties while standing or sitting and that her hands would go to sleep at night; that she could not grip anything and her arm hurt. Her employer was aware of her osteoarthritis as it had resulted in her being off from work twice during the years 1992-1993. The employer questions the trial court's findings that her osteoarthritis was aggravated by her work conditions. Two physicians testified by deposition and their testimony is in conflict on the medical questions. The trial court resolved the dispute by accepting the testimony of her treating physician. 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Donald P. Harris	Johnson County	Workers Compensation Panel	06/20/96
01C01-9508-CC-00267 01C01-9508-CC-00267	Wayne County	Court of Criminal Appeals	06/20/96
01C01-9505-CC-00143 01C01-9505-CC-00143 Originating Judge:Leon C. Burns, Jr.	Putnam County	Court of Criminal Appeals	06/20/96
01C01-9506-CC-00198 01C01-9506-CC-00198 Originating Judge:Leonard W. Martin	Dickson County	Court of Criminal Appeals	06/20/96
John Primm v. Ucar Carbon Company, Inc. 01S01-9511-CV-00204 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. Defendant, UCAR Carbon Company, Inc., has appealed from the action of the trial court in awarding plaintiff, John Primm, 65% permanent partial disability benefits to the body as a whole. Defendant contends the trial court was in error (1) in awarding 65% disability to the body as a whole, (2) in denying Defendant a set-off for payments of short-term disability insurance benefits and (3) in commuting the award to one lump sum payment. Plaintiff is 63 years of age and has a 12th grade education. He has followed construction work for many years and had worked for Defendant for 13 years prior to the time in question. During October, 1993, he was injured while using a pry bar to move a heavy metal plate. He said he felt a pinch in his back and shoulder and reported the injury to his employer. He continued to work on and off for different periods of time until his surgical procedures were over. After finally being released by his physician, he told the trial court he could not work at his old job and he elected to retire during March, 1995. The testimony of Dr. Eslick Daniel, an orthopedic surgeon, was presented by deposition. He indicated he first saw plaintiff on November 3, 1993, when he noted plaintiff had degenerative disc disease of his back and early arthritic changes of his shoulder. His first diagnosis was a shoulder and back strain and he said plaintiff did not indicate his problem was work-related. Upon seeing him a second time, his diagnosis was a rotator cuff strain with some tendinitis. He noted that between the two visits the patient had also seen a hospital emergency room doctor. Dr. Daniel had scheduled a CT Scan but plaintiff declined to take the test as he said the doctor had accused him of "faking" the injury. Dr. Daniel did not recall nor deny this conversation. Plaintiff decided to see another doctor designated by Defendant. This physician referred him to Dr. Greg Lanford, a neurosurgeon, who examined plaintiff 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Jim T. Hamilton,	Maury County	Workers Compensation Panel	06/20/96
Robert Rayford vs. State 02C01-9701-CC-00011	Lauderdale County	Court of Criminal Appeals	06/20/96
01C01-9508-CC-00253 01C01-9508-CC-00253 Originating Judge:Gerald L. Ewell, Sr.	Coffee County	Court of Criminal Appeals	06/20/96
Glenn H. Hall v. Bridgestone/Firestone, Inc. and Insurance Company of The State of Pennsylvania 01S01-9510-CH-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 trial court awarded the employee, Glenn Hall, workers' compensation benefits for the total loss of hearing in his left ear. On appeal the employer asserts that the employee failed to notify the employer of the injury as required by the workers' compensation statute. We affirm the trial court's finding that the proper notice was given. I. Mr. Hall testified that on June 22, 1993 his left ear began hurting after an explosion occurred in the department where he worked. Explosions are not uncommon in that department, and Mr. Hall customarily wore ear plugs to protect his ears from the noise. At the time of the accident, however, Mr. Hall had removed the ear plugs because he was shutting down the process to investigate a problem. Mr. Hall told a co-worker that his ear was hurting and went to see his supervisor. He told the supervisor that his ear hurt, and the supervisor referred Mr. Hall to the company nurse. The company nurse was not called to testify but the forms generated by Mr. Hall's visit to the nurse were introduced as business records. The records show that Mr. Hall had an inner ear infection, was out of the antibiotic he had been taking, and was referred to the company doctor. The records do not reflect that Mr. Hall claimed his ear problems were work-related. Neither do the doctor's notes from that same day reflect that Mr. Hall was claiming a work-related injury. Mr. Hall, however, - 2 - Authoring Judge: Ben H. Cantrell, Special Judge Originating Judge:Hon. Robert E. Corlew, III,	Rutherford County	Workers Compensation Panel	06/20/96
Christopher v. Sockwell, 01A01-9511-CH-00505 Originating Judge:Jim T. Hamilton	Lawrence County	Court of Appeals	06/19/96
01A01-9602-CH-00063 01A01-9602-CH-00063 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	06/19/96
01A01-9603-CH-00102 01A01-9603-CH-00102 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	06/19/96
01A01-9504-CH-00134 01A01-9504-CH-00134 Originating Judge:Vernon Neal	Clay County	Court of Appeals	06/19/96
01A01-9511-CH-00515 01A01-9511-CH-00515 Originating Judge:Vernon Neal	Pickett County	Court of Appeals	06/19/96
01A01-9603-CH-00131 01A01-9603-CH-00131 Originating Judge:Ellen Hobbs Lyle	Davidson County	Court of Appeals	06/19/96
02S01-9410-CC-00069 02S01-9410-CC-00069		Supreme Court	06/17/96
02C01-9410-CC-00248 02C01-9410-CC-00248	McNairy County	Court of Criminal Appeals	06/17/96
02S01-9410-CC-00069 02S01-9410-CC-00069		Supreme Court	06/17/96
02A01-9505-CV-00103 02A01-9505-CV-00103 Originating Judge:Robert L. Childers	Shelby County	Court of Appeals	06/17/96
State vs. Roy Smith 02C01-9712-CR-00468	Shelby County	Court of Criminal Appeals	06/17/96
03C01-9505-CR-00141 03C01-9505-CR-00141	Hamilton County	Court of Criminal Appeals	06/14/96
01A01-9511-CH-00514 01A01-9511-CH-00514 Originating Judge:Leonard W. Martin	Dickson County	Court of Appeals	06/14/96
01A01-9509-CH-00397 01A01-9509-CH-00397 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	06/14/96
01A01-9509-CH-00421 01A01-9509-CH-00421 Originating Judge:John J. Maddux	Clay County	Court of Appeals	06/14/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	06/13/96