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| Estate of J.P. Walker vs. Dpt.of Revenue
03A01-9808-PB-00250
|
Sevier County | Court of Appeals | 07/13/99 | |
| Natl. Gas Dist. vs. Sevier Co. Utility
03A01-9902-CH-00077
|
Sevier County | Court of Appeals | 07/13/99 | |
| State vs. Merrian Logan
02C01-9808-CC-00232
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 07/13/99 | |
| Integon vs. Shon Flanagan
02A01-9812-CH-00382
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/13/99 | |
| State vs. Roger Morris Gardner
03C01-9712-CR-00524
|
Sullivan County | Court of Criminal Appeals | 07/13/99 | |
| State vs. Stanley Warren Mills
03C01-9810-cr-00368
|
Hamilton County | Court of Criminal Appeals | 07/13/99 | |
| Day vs. GMAC
03A01-9811-CV-00372
|
Court of Appeals | 07/13/99 | ||
| State vs. Russell Overby
02C01-9810-CC-00321
|
Hardin County | Court of Criminal Appeals | 07/13/99 | |
| Derryberry vs. Derryberry
03A01-9801-CV-00023
|
Court of Appeals | 07/13/99 | ||
| Harvey vs. Ford Motor Credit
03A01-9807-CV-00235
|
Court of Appeals | 07/13/99 | ||
| Bullard vs. Scott
03A01-9809-CH-00310
|
Hamilton County | Court of Appeals | 07/13/99 | |
| Pertew vs. Pertew
03A01-9711-CH-00505
|
Sullivan County | Court of Appeals | 07/13/99 | |
| Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/12/99 | |
| 02A01-9802-CH-00035
02A01-9802-CH-00035
Originating Judge:William M. Maloan |
Weakley County | Court of Appeals | 07/12/99 | |
| Gloria Rooker v. Zurich Insurance Co.
W1998-00273-WC-R3-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant's insurer appeals the award of 25% disability to the body as a whole, as well as the court ordered payment of medical charges by a physician not authorized by the employer. After thorough review of the record, this panel finds the award of permanent partial disability should be affirmed, but that portion of the judgment ordering payment of medical expenses for charges by an unauthorized physician should be reversed.
Authoring Judge: Special Judge C. Creed Mcginley
Originating Judge:Hon. D'Army Bailey |
Shelby County | Workers Compensation Panel | 07/12/99 | |
| State vs. Christie Thomas
02C01-9810-CR-00303
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/12/99 | |
| Bobby White v. Goodyear Tire & Rubber
02S01-9810-CV-00101
This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 50-6-22-255(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant appeals the award of 55% disability to the body as a whole. After a thorough review of the record, this panel finds this award of permanent partial disability should be affirmed.
Authoring Judge: C. Creed Mcginley, Special Judge
Originating Judge:Hon. William B. Acree |
White County | Workers Compensation Panel | 07/12/99 | |
| Willie Lane Shannon v. Sipco Services & Marine, Inc., et al
02S01-9902-CH-00013
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, |
Benton County | Workers Compensation Panel | 07/12/99 | |
| GRE Insurance Group vs. Reed
01A01-9806-CH-00300
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 07/12/99 | |
| State vs. Charles Smith
02C01-9805-CR-00128
|
Shelby County | Court of Criminal Appeals | 07/12/99 | |
| William Hall vs. Don Shaw
02A01-9810-CH-00288
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 07/12/99 | |
| State vs. Christopher D. Smith
03C01-9807-CR-00270
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 07/12/99 | |
| Graham, et al vs. Edmondson
01a01-9809-CH-00482
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Appeals | 07/12/99 | |
| Wiley Hutcherson vs. Rozell Carter
02A01-9807-CH-00216
Originating Judge:Wil V. Doran |
Lauderdale County | Court of Appeals | 07/12/99 |