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| Norma J. Baker v. Sally Beauty Supply and The Travelers Insurance Co.
02S01-9709-CH-00078
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 55 percent vocational impairment to her left leg and also awarded medical expenses in the amount of $1,112., which the defendant says were unauthorized. The defendant raises the following issues: I. Whether the evidence presented at trial preponderates against the trial court's award of 55% permanent partial disability to plaintiff's left lower extremity as a result of plaintiff's work related accident? II. Whether the medical expenses incurred by the plaintiff were reasonable, necessary and causally related to an injury arising out of the course and scope of employment? We affirm the judgment of the trial court. The plaintiff was injured on December 14, 1994 when a car backed into her and penned her legs between the bumpers of two cars. The plaintiff was performing duties in the course of her work for the defendant when this occurred. The plaintiff had significant injuries to her left leg. As near as we can tell from this record, the plaintiff was absent from work for a week. W hen she wished to return to work, the employer told her she would have to have a release from a physician to return. The employer had not then, nor so far as this record shows never, furnished the plaintiff with a panel of doctors for examination or treatment. The plaintiff was 53 years of age at the time of trial, has a high school education, and has nine months of beauty training. She testified that she continued to work for the defendant for one and a half years after her injury but had difficulty in doing the work because she could not stand for long periods of time and had trouble stooping and bending. We are of the opinion that the resolution of this case turns upon whether the medical evidence offered by the defendant was admissible. The defendant offered as medical proof a memorandum report by James G. Warmbrod, an orthopedic surgeon, as well as various reports from physical 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 10/26/98 | |
| 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 | |
| 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
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Marion County | Court of Criminal Appeals | 10/23/98 | |
| G. Winston Gragg vs. Nellie Gragg
02A01-9804-CV-00108
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/22/98 | |
| Roger Brown vs. City of Memphis
02A01-9803-CV-00069
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/22/98 | |
| 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 | |
| The Sherwin Williams Company, v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee
01A01-9711-CH-00651
Plaintiff Sherwin-Williams Company, filed suit pursuant to Tennessee Code Annotated Section 67-1-1802 seeking a refund of corporate excise taxes with respect to tax years 1987, 1989, and 1990. The appeal presents three questions, to wit:
Authoring Judge: Judge William B. Cain
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/21/98 | |
| Lynn vs. Blue
01A01-9712-CH-00704
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 10/21/98 |