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| Annie Atkins v. Yamakawa Manufacturing Co., Inc.
01S01-9706-CV-00138
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 plaintiff filed this suit and alleged she had developed bilateral carpal tunnel syndrome in the course and scope of her employment with the defendant. The trial judge found the plaintiff had sustained an anatomical impairment of ten percent to the right wrist and five percent to the left wrist for an average of seven and one half percent to each wrist. The trial judge awarded the plaintiff permanent partial benefits based on a finding of 35 percent vocational disability to each arm, ordering part of the award to be paid in a lump sum. The trial judge also awarded the plaintiff the expense of obtaining the Standard Form Medical Report and deposition of her treating physician as well as the expenses of taking the depositions of two evaluating physicians. The defendant says the plaintiff is not vocationally disabled and therefore not entitled to benefits and expenses. We affirm the judgment of the trial court. The plaintiff was age 4 at the time of trial. She is a divorced mother of five children who has a high school degree with no specialized job skills or training. Her work history consists almost entirely of unskilled, hand intensive labor. The plaintiff has worked for the defendant as a machine operator since early 1992. In this capacity, the plaintiff presses buttons of five different machines while continuously loading and unloading parts from the machines and placing completed component parts in a basket at her work station. The evidence of whether the plaintiff has sustained a vocational disability is based upon the testimony of the plaintiff and the depositions of three doctors. The plaintiff testified she began having pain in her hands as early as 1993. She saw a series of doctors about this pain. In May 1996, she selected Dr. Jack M. Miller, whom she saw for examination, treatment, and operation. The plaintiff underwent surgery first on her right hand and later on her left hand, but she testified that she continued to complain to Dr. Miller about the pain and numbness in her 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. James E. Walton, |
Robertson County | Workers Compensation Panel | 01/26/98 | |
| Anne Crossett v. Babcock Industries, Inc., et al.
01S01-9701-CV-00001
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Sumner County | Workers Compensation Panel | 01/26/98 | |
| James v. Peeler
01S01-9707-CV-00145
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Supreme Court on May 17, 1996 affirmed a judgment for the plaintiff entered on September 22, 1994 whereby he was awarded benefits for (1) the loss of an eye, (2) temporary, total disability, and (3) "all medical expenses." Benefits for the loss of an eye were calculated to be $16,524., which was paid. Benefits for temporary, total disability were $6,616.8, which was paid. Medical treatment was provided by the Veterans' Administration, whose charges, proved at the trial, were $11,438.. On August 1, 1996, the plaintiff filed a petition for the Writ of Mandamus seeking the judicial coercion of the defendant to pay (1) interest on the benefits for permanent, total disability; (2) interest on the temporary, total benefits, and (3) payment of the medical expenses with accrued interest. The defendant filed a "Response to Petition for Writ of Mandamus," alleging that the interest "has now been paid." With respect to the medical expenses, the defendant responded that on December 15, 1993, before the case was tried, it received a letter from the VA enclosing a statement for medical services provided to the plaintiff in the amount of $11,438.. Payment was requested by draft payable to the VA. After the case was concluded, the VA agreed to accept $7,625. in settlement of its claim for medical expenses. The trial court ruled that "the VA had a valid subrogation interest in the amount of $11,438. for medical benefits provided to the plaintiff and that the
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William B. Cain |
Wayne County | Workers Compensation Panel | 01/26/98 | |
| 03C01-9610-CR-00407
03C01-9610-CR-00407
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 01/23/98 | |
| Riley vs. State
03C01-9705-CR-00181
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 01/23/98 | |
| State vs. George Woods
02C01-9701-CC-00037
|
Hardeman County | Court of Criminal Appeals | 01/23/98 | |
| State vs. Jason Pickens
02C01-9612-CC-00486
|
Hardin County | Court of Criminal Appeals | 01/23/98 | |
| State vs. Cynthia & Rhodney Roberson
02C01-9702-CC-00083
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 01/23/98 | |
| State vs. Ronald Cass
02C01-9612-CC-00489
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 01/23/98 | |
| State vs. Nicole Gray
02C01-9612-CR-00442
|
Shelby County | Court of Criminal Appeals | 01/23/98 | |
| Schering Healthcare vs. St. Bd. Equalization
02A01-9703-CH-00058
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/23/98 | |
| James Dollar v. Florida Steel Corporation
02S01-9608-CH-00071
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Ash, Judge |
Madison County | Workers Compensation Panel | 01/22/98 | |
| Thompson vs. State
03C01-9611-CR-00395
Originating Judge:Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 01/22/98 | |
| Wilson vs. Wilson
03A01-9708-CV-00324
|
Court of Appeals | 01/22/98 | ||
| State vs. William Bogus
02C01-9506-CC-00169
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 01/22/98 | |
| State vs. Robert Glen Coe
02C01-9606-CR-00200
|
Shelby County | Court of Criminal Appeals | 01/22/98 | |
| State vs. Maurice Manley
02C01-9612-CC-00482
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 01/22/98 | |
| State vs. Wilbur Kerney
02C01-9608-CC-00264
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 01/22/98 | |
| State vs. Bobbie Weathers
02C01-9703-CC-00123
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 01/22/98 | |
| Hicks vs. Hicks
03A01-9708-CV-00359
|
Court of Appeals | 01/22/98 | ||
| 03C01-9607-CR-00269
03C01-9607-CR-00269
|
Knox County | Court of Criminal Appeals | 01/22/98 | |
| State vs. Taylor
03C01-9705-CR-00169
|
Knox County | Court of Criminal Appeals | 01/21/98 | |
| Residents vs. Diversified
03A01-9703-CV-00102
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McMinn County | Court of Appeals | 01/21/98 | |
| Tom Ewell, et al vs. Anne Hill
02A01-9608-CH-00178
Originating Judge:Homer W. Bradberry |
Fayette County | Court of Appeals | 01/21/98 | |
| State vs. Roy Wakefield
01C01-9609-CR-00389
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/21/98 |