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| Nellie Myrtle Farley v. Liberty Mutual Insurance
01S01-9509-CV-00147
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 defendants below appeal the trial court's award of 75% permanent partial disability to each upper extremity. They challenge the amount of the award, its commutation to a lump sum, and the trial court's award of temporary total disability benefits from May 26, 1994 to December 1, 1994. We modify the trial court's award, finding that the evidence preponderates against an award of 75% permanent partial disability to each extremity and towards a finding of 45% permanent partial disability to each extremity. As modified, we affirm the judgment of the trial court. Plaintiff, 63 at the time of trial, has a sixth grade education. She worked for the defendant-employer for almost 26 years. In late October 1993, she was found to have bilateral carpal tunnel syndrome. She continued to work until January 3, 1994, when she took an early retirement. She testified at trial that she retired early because her arms were "messed up." Carpal tunnel releases were performed in February and May 1994. At trial, she testified that she reached maximum medical improvement in early December 1994. She has not applied for any job since her retirement. Dr. Abbey, an orthopedic surgeon, treated the plaintiff and testified, by deposition, on behalf of the defendant. He testified that the plaintiff did well post- operatively and that he assigned her a zero percent impairment rating. He also testified that after he assigned her this rating, the plaintiff had problems with swelling and discomfort and, between the two surgeries, she developed triggering in her left long finger. He opined that the plaintiff reached maximum medical improvement on May 23, 1994 for her carpal tunnel syndrome, although she probably had not reached that stage for her triggering finger. He assigned no permanent restrictions. Dr. Robert Paul Landsberg, another orthopedist, examined the plaintiff at the request of her attorney and testified, also by deposition, on her behalf. He
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Bobby H. Capers |
Trousdale County | Workers Compensation Panel | 04/26/96 | |
| Linda May Kepley v. Yamakawa Manufacturing Company of America and Yasuda Fire & Marine Insurance Company
01S01-9505-CV-00075
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 defendants appeal the trial court's award of 4% permanent partial disability to the right upper extremity. They contend that the plaintiff did not prove that she had suffered a permanent injury, that they are not liable for such injury, if it exists, due to the application of the last injurious injury rule and that, even if her injury is compensable and they are liable, the trial court's award is excessive. We affirm the judgment of the trial court. The plaintiff, 45 at the time of trial, has a G.E.D. She has worked almost exclusively in manufacturing facilities, performing mostly assembly and packing jobs. She began working for the defendant-employer in May 1991. In July 1992, she began experiencing problems with her wrists. She was eventually referred to Dr. Anderson, a neurologist, who took her off work for about three weeks. She returned to work after this respite but quit after a few months to move to Illinois to marry. She testified at trial that her arms improved while she was off work. She testified that, when she returned to work, she worked with pain and at a slower rate than she had before. She did not work for the first few months she lived in Illinois, and she testified that her arms improved over this time but that her pain never resolved, and she tried to use her left hand more often. Dr. Anderson testified that an E.M.G. performed on the plaintiff prior to her being taken off work indicated she had carpal tunnel syndrome in her left arm. This diagnosis was consistent with the plaintiff's subjective complaints and his objective findings, he testified. When she returned from Illinois to see him in November, he performed another E.M.G. on her, which indicated borderline carpal tunnel syndrome in her right arm. At the plaintiff's request, he released her to return to work. Plaintiff began working for R.G. Ray in Illinois at the end of January 1994. After about five weeks, she began experiencing pain in her wrists again, worse pain
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Thomas E. Gray |
Sumner County | Workers Compensation Panel | 04/26/96 | |
| 01C01-9502-CC-00046
01C01-9502-CC-00046
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 04/26/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/26/96 | ||
| 03A01-9511-CV-00419
03A01-9511-CV-00419
|
Court of Appeals | 04/25/96 | ||
| 03C01-9502-CR-00058
03C01-9502-CR-00058
Originating Judge:William R. Holt |
Jefferson County | Court of Criminal Appeals | 04/25/96 | |
| 03C01-9509-CC-00281
03C01-9509-CC-00281
|
Monroe County | Court of Criminal Appeals | 04/25/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/25/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Roane County | Court of Appeals | 04/25/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 04/25/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/25/96 | ||
| 03C01-9508-CR-00235
03C01-9508-CR-00235
|
Knox County | Court of Criminal Appeals | 04/25/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/24/96 | ||
| 03S01-9411-CR-00425
03S01-9411-CR-00425
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 04/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 04/24/96 | ||
| 03C01-9508-CC-00221
03C01-9508-CC-00221
|
Blount County | Court of Criminal Appeals | 04/24/96 | |
| 03A01-9503-CV-00109
03A01-9503-CV-00109
|
Hamilton County | Court of Appeals | 04/24/96 | |
| 03A01-9511-GS-00392
03A01-9511-GS-00392
|
Roane County | Court of Appeals | 04/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Roane County | Court of Appeals | 04/24/96 | |
| 03C01-9509-CR-00263
03C01-9509-CR-00263
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 04/24/96 | |
| 03C01-9411-CR-00420
03C01-9411-CR-00420
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Criminal Appeals | 04/23/96 | |
| 02A01-9410-CH-00242
02A01-9410-CH-00242
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 04/23/96 | |
| 03C01-9505-CR-00132
03C01-9505-CR-00132
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 04/22/96 | |
| 01S01-9505-CH-00083
01S01-9505-CH-00083
|
Supreme Court | 04/22/96 | ||
| 01S01-9504-CV-00047
01S01-9504-CV-00047
|
Supreme Court | 04/22/96 |