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Phineas Dorris v. American Limestone Company, Inc.
M2002-00741-WC-R3-CV
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. In this appeal, the employer questions the trial court's findings as to notice, compensability and extent of vocational disability. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for the appellant, American Limestone Company, Inc. C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas Dorris MEMORANDUM OPINION The employee or claimant, Dorris, initiated this civil action to recover workers' compensation benefits. The trial court awarded permanent vocational disability benefits based on 75 percent to the body as a whole. The employer, American Limestone, has appealed. 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. _ 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:John H. Gasaway, III, Judge |
Robertson County | Workers Compensation Panel | 04/25/03 | |
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Ken Randall Allmon v. Wolf Tree Experts, Inc.,
M2002-00366-WC-R3-CV
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 judge found the plaintiff suffered an injury to both arms which resulted in a permanent partial impairment of 5 percent to both. The defendant says the trial court erred in finding the plaintiff suffered any injury to his right arm and that the award of 5 percent to the left arm is excessive. We modify and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed as Modified JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA, III, C.J., and JOE C. LOSER, SP. J., joined. Patrick A. Ruth, Nashville, Tennessee, for the appellants, Wolf Tree Experts, Inc. and Great American Insurance Company. D. Russell Thomas, Murfreesboro, Tennessee, for the appellee, Ken Randall Allmon. MEMORANDUM OPINION Facts At the time of trial the plaintiff was forty-five years of age. He had a high school education and a varied and interesting work history which encompasses such things as working on shrimp boats and being a high rise window washer. The facts surrounding the accident in this case are simple. The plaintiff was in a tree cutting branches with a chain saw on March 21, 2. When the saw cut through a branch, his left arm, which was holding the saw, dropped and he heard a pop in his left elbow. The plaintiff testified he felt intense pain in this elbow after hearing the pop. The plaintiff was taken to the emergency room for medical care and was later treated or seen by Vanderbilt medical personnel. The plaintiff never returned to work for the defendant. He was offered a light duty job by the defendant but was of the opinion he could not do the work based upon his restrictions. Medical Evidence Dr. Douglas B. Haynes, an orthopedic surgeon, saw the plaintiff on March 21, 2. The plaintiff reported he had injured his left arm. Dr. Haynes found some tenderness on both of the plaintiff's elbows. He treated the plaintiff for some time and referred him to Dr. Callahan for a determination of whether surgery was warranted. Dr. Haynes saw the plaintiff for some time and ultimately determined he had a 5 percent impairment to the left arm. He based this on weight lifting restrictions placed by Dr. Callahan. Dr. Haynes found the plaintiff suffered no impairment to the right arm. Dr. David Gaw, an orthopedic surgeon, filed a C 32 form in which he found the plaintiff had a 5 percent impairment to the left arm and zero impairment to the right arm. Dr. David Callahan, an orthopedic surgeon, testified the plaintiff had a degenerative condition in his elbow and that the work he did exacerbated the pain. Gordon Doss, a vocational expert, testified the plaintiff suffered a 5 percent vocational loss as a result of the injury to his arms. Discussion We find from the evidence that the plaintiff suffered a definable traumatic injury to his left arm on March 21, 2. We further find from the testimony of Dr. Gaw and Dr. Haynes that the plaintiff sustained a five percent permanent partial medical impairment to his left arm and no impairment to his right arm. The evidence shows Dr. Callahan found the plaintiff sustained a one percent impairment to both the left and right arms. He found this was as a result of exacerbation of an underlying degenerative condition of the plaintiff's arm but that the only result was that this caused pain. All of the physicians found the plaintiff had zero impairment when the AMA Guideline was used. -2-
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Royce Taylor, Judge |
Cannon County | Workers Compensation Panel | 04/25/03 | |
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James H. Randalls v. Stanley G. Hopp, M.D. And Tennessee
M2002-00771-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/24/03 | |
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W2002-01556-COA-R3-CV
W2002-01556-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/24/03 | |
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Mary Saccomanno vs. Melvin Saccomanno
W2002-01267-COA-R3-CV
This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 04/24/03 | |
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Scott Jurgensmeyer, et al v. James F. Prater
M2000-02986-COA-R3-CV
In this consolidated case involving claims of fraud, negligent misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, the trial court granted summary judgment for the defendant on the ground that he had not acted individually and his corporation had not been named as a defendant. For the following reasons, we reverse and remand the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 04/24/03 | |
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W2002-01687-COA-R3-CV
W2002-01687-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
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Richard McDonald vs. Swain & Sons
W2002-00012-COA-R3-CV
This is a retaliatory discharge case. In July 1998, the plaintiff truck driver began working for the defendant trucking company. In June 1999, the truck driver was involved in a one-vehicle accident while making a delivery for the company. Soon thereafter, the truck driver was discharged. The truck driver sued the trucking company in the court below, alleging that his discharge was not because of the vehicular accident, but rather was in retaliation for refusing to participate in or remain silent about alleged illegal activity by the trucking company. The trial court found in favor of the trucking company on all issues. The plaintiff truck driver now appeals on several grounds. No transcript or statement of the evidence was filed. The issues raised by the plaintiff require a review of the proceedings below that is not possible in the absence of a transcript of the trial proceedings or a statement of the evidence. Consequently, we affirm the trial court's decision.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:John R. Mccarroll, Jr. |
Shelby County | Court of Appeals | 04/24/03 | |
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Union Planters Bank vs. Bobbye Shepard
W2002-01188-COA-R3-CV
Executor brought this action to recover proceeds of the sale of decedent's property prior to decedent's death. Both parties moved for attorney's fees. The trial court entered judgment for defendant and awarded defendant's attorney's fees. On issues relating to decedent's property, we affirm in part and reverse in part. We reverse the award of attorney's fees and remand for a determination of reasonableness.
Authoring Judge: Judge David R. Farmer
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
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Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
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W2002-03016-COA-R3-CV
W2002-03016-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 04/23/03 | |
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State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey
M2001-03127-CCA-R3-CD
A Davidson County jury convicted defendants Thurman L. Whitsey1 and his mother, Charlie Mae Whitsey, of conspiracy to possess cocaine with intent to sell. The jury also convicted Thurman Whitsey of possession of cocaine with intent to sell, possession of marijuana with intent to sell, and unlawful possession of a weapon. In addition, the jury convicted Charlie Mae Whitsey of facilitation of possession of cocaine with intent to sell, simple possession of marijuana, and facilitation of unlawful possession of a weapon. The trial court imposed an effective sentence of eleven years upon Thurman Whitsey and an effective sentence of seven years upon Charlie Mae Whitsey. On appeal, both defendants contend the trial court erred in denying their motions to suppress evidence obtained as a result of an invalid search warrant. Charlie Mae Whitsey also submits the evidence was insufficient to support her conviction for facilitation of unlawful possession of a weapon. Upon review of the record and applicable law, we reverse and dismiss Charlie Mae Whitsey’s conviction for facilitation of unlawful possession of a weapon and Thurman Whitsey’s conviction for unlawful possession of a weapon; otherwise, we affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/23/03 | |
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Edwin Boothe vs. Fred's Inc.
W2002-01414-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 04/23/03 | |
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W2002-01474-COA-R3-CV
W2002-01474-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 04/23/03 | |
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State of Tennessee v. Thurman L. Whitsey and Charlie Mae Whitsey - Concurring
M2001-03127-CCA-R3-CD
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the majority opinion’s view that, absent the defendant’s 1994 cocaine sale, the affidavit would have warranted a person of reasonable caution to believe that cocaine or other evidence of drug offenses was located at the defendant’s house.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 04/23/03 | |
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State of Tennessee v. Joe Charles Degrafenreid
W2002-00681-CCA-R3-CD
The defendant, Joe Charles Degrafenreid, was convicted by a jury of driving under the influence (DUI) as a second offender. In this direct appeal, the defendant argues that the evidence is insufficient to support his conviction for DUI and that the trial court erred by denying his motion to suppress. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 04/23/03 | |
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W2002-00489-COA-R3-CV
W2002-00489-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Rita L. Stotts |
Shelby County | Court of Appeals | 04/23/03 | |
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Gary Lindsey v. Philips Electronics, N.A.C.
E2002-00396-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals a finding of permanent and total disability asserting that the injury is to a scheduled member. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:O. Duane Sloan, Circuit Judge |
Knox County | Workers Compensation Panel | 04/23/03 | |
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W2002-03050-COA-R3-CV
W2002-03050-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree |
Gibson County | Court of Appeals | 04/22/03 | |
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State of Tennessee v. Wendell Clarke Chambers
04-1303-CR-00
Following a jury trial, the defendant was found guilty of first degree premeditated murder and reckless homicide. The reckless homicide conviction was merged with the murder conviction and the defendant was sentenced to life imprisonment. The defendant appeals, arguing that the evidence was insufficient to support his conviction and that the trial court erred in overruling his motions for judgment of acquittal and in allowing a videotape and photograph of the crime scene into evidence. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Allen W. Wallace |
Stewart County | Court of Criminal Appeals | 04/22/03 | |
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Amsouth Erectors, Llc v. Skaggs Iron Works, Inc.,
CH-01-0585-2
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 04/22/03 | |
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State of Tennessee v. David Wayne Fountain
E2002-01066-CCA-R3-CD
David Wayne Fountain, who pleaded guilty to Class E felony attempted theft, appeals from the Rhea County Circuit Court's determination that he serve a two-year, split-confinement sentence for his crime. He claims that he should have received a minimum, one-year probationary sentence. We disagree and affirm the lower court's sentencing pronouncement. However, we modify the sentence imposed to the extent that it mandates day-for-day confinement.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Rhea County | Court of Criminal Appeals | 04/22/03 | |
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W2002-02220-COA-R3-CV
W2002-02220-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 04/22/03 | |
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The Oceanics Schools vs. Clifford Barbour, Jr.
E2002-00181-COA-R3-CV
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.
Authoring Judge: Judge Charles D. Susano, Jr.
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Knox County | Court of Appeals | 04/22/03 | |
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Patsy A. Holcomb v. Memorial Healthcare Systems, Inc.
E2002-01226-WC-R3-CV
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 6 percent permanent partial disability to her right leg. The employer contends the award of disability is excessive. The judgment is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed. THAYER, SP. J., in which ANDERSON, J., and BYERS, SR. J., joined. James T. Williams and Lynda Motes Hill, of Chattanooga, Tennessee, for Appellant, Memorial Healthcare Systems, Inc. Harry Weill, of Chattanooga, Tennessee, for Appellee, Patsy A Holcomb. MEMORANDUM OPINION The employer, Memorial Healthcare Systems, Inc., has appealed from the trial court's ruling awarding the employee, Patsy A. Holcomb, 6 percent permanent partial disability to her right leg. Facts The employee, age fifty-two years, was employed at the defendant's hospital as a registered nurse with duties in the operating room as a circulating nurse. On May 11, 1999, she fell while working in the heart room and landed on her right knee, elbow and shoulder. Within a few days, she came under the care of Dr. Ballard who performed an arthroscopy procedure on her knee. She was off work about three weeks and upon returning was assigned to light duties involving paperwork. At the time of the trial below, she was working in the pretesting or pre- admission office. She testified that she was not able to return to work as a surgical nurse because she could not stand for long periods of time and because of other restrictions. She said she could not go up and down steps good and could not do her yard work anymore. She had been advised that she needs knee replacement surgery but she has not had that surgery because she is fearful of "too many things that can go wrong" and also because it would be something that would have to be repeated within five to twelve years. Dr. William T. Ballard, an orthopedic surgeon, testified by deposition and stated he performed an arthroscopy on her knee on May 14, 1999, which involved removing torn cartilage. His diagnosis was partial torn medial meniscus. He felt she reached her maximum medical improvement on about September 15, 1999 and said she should not be squatting or standing longer than ten (1) minutes an hour; that she should not climb more than five (5) steps at a time; that she had medium degenerative changes in her knee and the accident had aggravated this condition; and that she probably needed knee replacement surgery. He gave her a 2 percent medical impairment to her right leg. Dr. Edward D. Johnson, a general practitioner, appeared at the trial and testified and his deposition was also filed in evidence. He saw the employee on April 5, 21 and examined Dr. Ballard's records. He stated that if the patient's knee joint had basically stabilized after surgery, she would have a fairly normal joint and her impairment to the leg would be 2 percent. He was of the opinion her condition and impairment was not in that category. He said the tear had caused the knee joint to become unstable and the ligament was lax and not supported. The doctor indicated this condition caused abnormal motion in the knee joint and that her whole knee was deteriorating and would continue to get worse. He stated she needed a knee replacement and feared having it. He said her impairment was 2 percent to her leg and at a later point said it could be as high as 4-5 percent. He did not agree with Dr. Ballard that she had arthritis in the knee. Dr. Diana Boyd, a certified independent medical examiner specializing in occupation medicine, testified by deposition and said she examined the employee on January 8, 22 and reviewed the various reports of other doctors. She agreed with the 2 percent impairment rating but was of the opinion the injury did not aggravate her pre-existing degenerative joint disease. Dr. Sai H. Oh, a certified medical examiner, saw the employee on February 4, 22 and again at a later date. On the first visit, she felt the medical impairment was about 1 percent to the leg but on the second visit, she estimated the impairment at 2 percent due to abnormal motion of her knee. Standard of Review The review of the appeal is de novo accompanied by a presumption that the findings of the trial court are correct unless we find the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). -2-
Authoring Judge: Thayer, Sp. J.
Originating Judge:W. Frank Brown III, Chancellor |
Knox County | Workers Compensation Panel | 04/21/03 |