APPELLATE COURT OPINIONS

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Mozella & Clevin Wright vs. city of Rossville TN

02A01-9609-CV-00213

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Appeals 10/22/97
Caldwell vs. Nissan Motor Manufacturing

01A01-9703-CV-00096

Originating Judge:Don R. Ash
Rutherford County Court of Appeals 10/22/97
State vs. Kaufmann

03C01-9607-CC-00260

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/22/97
Emily Mills v. Baptist Hospital of East Tennessee, Inc.

03S01-9611-CV-00110
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 found the plaintiff had sustained a 1 percent vocational impairment to her left lower extremity as a result of an injury to her knee on September 25, 1991. The trial court further found the plaintiff reached maximum medical improvement on March 3, 1993. Additionally, the trial court found the defendant was not liable for medical bills incurred by the plaintiff after March 3, 1993. The plaintiff appeals and claims the trial court erred in limiting the recovery to ten percent, that the period of temporary total disability should have extended until April 15, 1995, and that the trial court erred in holding the defendant was not liable for medical bills after March 3, 1993. The defendant raises as an issue the claim that the plaintiff has failed to show she sustained any disability as a result of her injury. We find the judgment of the trial court should be affirmed in all things except for the award of ten percent permanent vocational disability to the lower extremity. We find from the record the plaintiff is entitled to recover at the rate of 25 percent for the injury to her left lower extremity. The plaintiff was age 51 at the time of the trial; she had a high school diploma and was a certified nursing assistant. On September 25, 1991, she fell while working for the defendant. The medical evidence in this case was given by Dr. William M. Hovis, an orthopedic surgeon. Dr. Hovis found the plaintiff had a pre-existing arthritic condition in both knees. Dr. Hovis testified this can be exacerbated or accelerated by trauma. Dr. Hovis treated the plaintiff for the injury to her knee by various means. He testified she had reached maximum medical recovery on March 3, 1993. Dr. Hovis was of the opinion the plaintiff had a 15 percent impairment to her left leg, with five percent of this caused by the fall and the remainder by the arthritic condition. W hether Dr. Hovis placed restrictions on the plaintiff because of her injury when she returned to work is less than clear. He testified she should refrain from climbing, squatting and kneeling. Dr. Hovis testified the restrictions were based on her overall condition. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Dale C. Workman,
Knox County Workers Compensation Panel 10/21/97
State vs. Morrell

03C01-9511-CC-00344

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 10/21/97
Alma Jean Grayson v. Healthtrust, Inc., The Hospital Co.

01S01-9607-CH-00153
Authoring Judge: Senior Judge James L. Weatherford
Originating Judge:Hon .
Rutherford County Workers Compensation Panel 10/21/97
Tracy Jenkins v. Bridgestone/Firestone, Inc.

01S01-9607-CV-00144
Robert S. Brandt, Senior Judge
Authoring Judge: Hon. Robert E. Corlew, III,
Originating Judge:Hon. Robert E. Corlew, III,
Rutherford County Workers Compensation Panel 10/21/97
State vs. Powers

03C01-9606-CC-00222
Blount County Court of Criminal Appeals 10/21/97
State vs. Ray Thompson

02C01-9608-CC-00249

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/20/97
State vs. Sheline

03S01-9701-CR-00002
Supreme Court 10/20/97
State vs. Delvin Donehue

02C01-9701-CR-00034
Shelby County Court of Criminal Appeals 10/20/97
Carter vs. State

03S01-9612-CR-00119
Greene County Supreme Court 10/20/97
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Roane County Court of Appeals 10/20/97
Stanbury vs. Bacardi

01S01-9609-CV-00178
Davidson County Supreme Court 10/20/97
Decker vs. Orosz

03A01-9704-CV-00143
Knox County Court of Appeals 10/20/97
State vs. Ray Thompson

02C01-9608-CC-00249

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/20/97
Montague vs. TN. Dept. of Correction

01A01-9602-CH-00065

Originating Judge:Robert S. Brandt
Davidson County Court of Appeals 10/17/97
State vs. Wilbert Rogers

02C01-9611-CR-00418

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 10/17/97
State vs. Michael South

02C01-9610-CC-00325

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/17/97
State vs. Mark Grimes

02C01-9610-CC-00337

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/17/97
Turnley vs. TN. Dept. of Correction

01A01-9601-CH-00015

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 10/17/97
State vs. Harvey Qualls

02C01-9610-CC-00331

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/17/97
State vs. James Loper

02C01-9611-CC-00398

Originating Judge:Joe G. Riley. Jr.
Lake County Court of Criminal Appeals 10/17/97
Brown vs. Baird

01A01-9704-JV-00148

Originating Judge:David Loughry
Rutherford County Court of Appeals 10/17/97
State., ex. rel., Davis vs. Matikek

01A01-9702-CV-00090

Originating Judge:Muriel Robinson
Davidson County Court of Appeals 10/17/97