Please enter some keywords to search.
| William Mcdowell v. Henry I. Siegel Co., Inc. and Royal Insurance Co.
02S01-9710-CV-00088
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 that the plaintiff had sustained thirty percent permanent partial disability to each arm and entered judgment accordingly. The defendant employer, Henry I. Siegel Company, Inc. (HIS), and its insurance carrier, Royal Insurance Company, present issue that the thirty percent permanent partial disability to each arm is excessive and should be reduced to approximately ten percent permanent disability to each arm. It was stipulated before trial that the plaintiff had a gradually occurring injury in both arms. The only question that was presented to the trial court was the extent of the disability. The plaintiff testified that he is a high school graduate. He was 47 years of age at the time of his injury. He has worked for the defendant since May, 1967 and continues to work for the defendant as a "packer." The plaintiff testified that in October, 1994 his hands and wrists began hurting. His right hand and wrist hurt more than the left. His hands and wrists continued to hurt, but he continued to work until he had surgery on the right hand on January 9, 1995. After surgery to his right hand, his left hand and arm became much worse. Ultimately he had surgery on the left hand and arm on February 8, 1995. After the surgery on his left hand, both hands continued to pain but the left hand was much worse than the right hand. He went to see Dr. Eugene F. Gulish who performed a second surgery on the left hand on March 12, 1996. Plaintiff testified that after the repeat surgery on the left hand, it improved. However, he continued to have wrist pain and tingling running down three fingers. It was not as bad at the time of trial as before the second surgery, but at times he could not pick up a cup of coffee, open cans of Coke, or open jars. He does not have the grip strength he once had in the left hand. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, Judge |
Carroll County | Workers Compensation Panel | 10/26/98 | |
| State vs. Darren Parsons
02C01-9801-CC-00030
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Michell Leiderman
01C01-9703-CC-00088
|
Marion County | Court of Criminal Appeals | 10/23/98 | |
| Hobbs vs. Hobbs
01A01-9801-CV-00015
Originating Judge:J. Curtis Smith |
Sequatchie County | Court of Appeals | 10/23/98 | |
| State vs. Tavarus Williams
02C01-9711-CR-00423
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/23/98 | |
| Jerome Williams vs. State
01C01-9709-CR-00441
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Danny Meeks vs. State
01C01-9709-CC-00387
|
Grundy County | Court of Criminal Appeals | 10/23/98 | |
| Ledford vs. Ledford
01A01-9701-CH-00029
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 10/23/98 | |
| State vs. Looper
M1999-00662-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert M. Summitt |
Putnam County | Court of Appeals | 10/23/98 | |
| State vs. Gary Vaughn, et al
01C01-9709-CR-00415
|
Putnam County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Audrey Downs
02C01-9710-CR-00390
|
Shelby County | Court of Criminal Appeals | 10/23/98 | |
| William A. Ransom vs. State
01C01-9708-CC-00328
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/23/98 | |
| Coker vs. State Claims Comm
01A01-9806-BC-00318
|
Court of Appeals | 10/23/98 | ||
| State vs. Joseph Martin Thurman
01C01-9706-CC-00231
|
Marion County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Kenneth Nesbitt
02C01-9801-CC-00029
|
Carroll County | Court of Criminal Appeals | 10/23/98 | |
| State vs. Keith Guy
02C01-9712-CC-00478
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/23/98 | |
| 01C01-9802-CC-00055
01C01-9802-CC-00055
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/23/98 | |
| Roger Brown vs. City of Memphis
02A01-9803-CV-00069
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/22/98 | |
| G. Winston Gragg vs. Nellie Gragg
02A01-9804-CV-00108
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/22/98 | |
| Ford vs. Ford
01A01-9611-CV-00536
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/21/98 | |
| State vs. Timothy Henderson
01C01-9801-CC-00001
|
Marshall County | Court of Criminal Appeals | 10/21/98 | |
| Holifield vs. Campbell
01A01-9806-CH-00291
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/21/98 | |
| Beal vs. Sloan
01A01-9801-CV-00024
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 10/21/98 | |
| Elizabeth A. Wilson v. Worthco, Inc., et al
02S01-9712-CH-00113
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 had suffered a compensable injury and entered a judgment in her favor of 5 percent vocational impairment to the body as a whole. The defendant raises the following issues: I. Whether the trial court erred in rejecting Defendant's Motion to Dismiss on grounds that the statute of limitations had expired prior to the filing of Plaintiff's claim. II. Whether the trial court erred in finding that Plaintiff's alleged injury was compensable and not a non-compensable aggravation of a pre-existing condition. III. Whether the trial court erred in finding that the Plaintiff sustained a fifty percent (5%) permanent partial disability to the body as a whole. We affirm the judgment of the trial court. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. William Michael Maloan, |
Wilson County | Workers Compensation Panel | 10/21/98 | |
| Robbie Bickers v. Cigna Insurance Company
02S01-9710-CH-00097
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 complaint filed by the plaintiff, Robbie Bickers, alleges that on February 24, 1996 he was injured while employed for Parsec, Inc. at its Memphis, Tennessee rail yard. The complaint further charges that, as a result of the accident, he sustained injuries to his arms, chest, neck, and back. After considering the evidence, the chancellor found that the plaintiff failed to carry the burden of proof and rendered judgment in favor of the defendant, CIGNA Insurance Company, which is the workers' compensation carrier for the plaintiff's employer. In his only issue, the plaintiff states: Whether the proof supports a finding that the plaintiff suffered a compensable injury to his right wrist for which he retains permanent impairment. Since the issue presented to us questions only the action of the trial judge in failing to compensate plaintiff for permanent impairment to the right wrist, we will not elaborate in this opinion on the evidence concerning the other alleged injuries of the plaintiff. On February 24, 1996, plaintiff was operating a "yard mule," which is a half- truck. While removing heavy loads from a railcar, a container box separated from the frame, lifting plaintiff's truck-tractor rig off the ground and then slamming it back on the ground, allegedly injuring the plaintiff. The plaintiff was taken to the St. Joseph Hospital emergency room in Memphis and was treated briefly by Drs. Vernon Miller and Thomas Fowlkes. These doctors later referred the plaintiff to Dr. Mark Harriman, an orthopedic surgeon, who continued to treat the plaintiff. He was later examined by Dr. Joseph C. Boals, on two occasions. The plaintiff testified that because of his wrist injury, he had a lack of grip and "catching." He stated that due to this he could not use a hammer or turn wrenches. He also complained of difficulty with his back and shoulder. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. D. J. Alissandratos, Chancellor |
Shelby County | Workers Compensation Panel | 10/21/98 |