APPELLATE COURT OPINIONS

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Paul King v. Goodyear Tire & Rubber Co.

02S01-9611-CH-00100
This workers' compensation appeal has been referred to this Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5- 6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue presented on this appeal is whether or not the requirements of T.C.A. _ 5-6-241, limiting an award of permanent partial disability to 2 _ times the medical impairment rating, should have been applied to the award in this case. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of his employment with the defendant employer when, on July 11, 1994, w hile working as a tirebuilder, he sustaine d an injury to his left shoulder. He subse quently saw Dr. James R. Wilkinson, an orthopedic surgeon. On October 6, 1994, Dr. Wilkinson performed a surgical procedure on his shoulde r which in volved dis secting the d eltoid muscle, removing the coracoac romial ligam ent and ch anging the anatomic construct of the shoulder. Dr. Wilkinson gave his o pinion that the claimant had sustained a permanent anatomical impairment of 6% to the left upper e xtremity due to joint crepitation, which amounted to 4% of the body as a whole. He agreed that, based upon his range of motion, his impairment should be an extra 2%. Dr. Wilkinson testified that he would expect claimant to have some weakness in his shoulder and would benefit from possibly avoiding overhead and heavy lifting and push ing a nd p ullin g aw ay fro m hi s bod y. He felt that claimant could have some problems with his shoulder performing his previous job. Dr. Wilkinson's rating conv erts to 4% physical impairment to the body as a whole. On January 6, 1995, claimant was released by Dr. Wilkinson to return to work, and he did return to w ork with th e defend ant emplo yer at his previous job, earning the same wages. On Ma y 1, 1995, claimant saw D r. Robert Barnett one time at the suggestion of his attorney. Claimant gave a history to Dr. Barnett of popping and creaking in his shoulder, which had impro ved, but said that he still felt the s ensation of it when he moved h is shoulder. 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge
Wayne County Workers Compensation Panel 08/18/97
Gary Higginbotham v. Grinnell Corp.

02S01-9611-Ch-00101
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 50-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue for this panel to decide is whether or not this action is barred by thelimitations contained within the Workers' Compensation Act, T.C.A. _ 50-6-203 and _ 50-6-224. Those sections read as follows:
Authoring Judge: Robert A. Lanier, Special Judge
Originating Judge:Hon. Joe C. Morris
Chester County Workers Compensation Panel 08/18/97
State vs. Willard C. Cook, Sr.

01C01-9501-CC-00001

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 08/15/97
State vs. Anand Franklin

01C01-9603-CR-00101

Originating Judge:Thomas H. Shriver
Davidson County Court of Criminal Appeals 08/15/97
State vs. Martin Terrell

02C01-9701-CC-00001
Tipton County Court of Criminal Appeals 08/15/97
State vs. Bryan Hanley

01C01-9508-CC-00266
Hickman County Court of Criminal Appeals 08/15/97
Tony A. Makoka v. State

01C01-9603-CC-00124

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 08/15/97
State vs. Shannon Potter

02C01-9702-CR-00073

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 08/15/97
State vs. Antonio Demonte Lyons

01C01-9508-CR-00263
Davidson County Court of Criminal Appeals 08/15/97
State vs. Montro Taylor

02C01-9703-CR-00114
Shelby County Court of Criminal Appeals 08/15/97
Amos Curtis Copeny vs. State

01C01-9606-CR-00240
Davidson County Court of Criminal Appeals 08/15/97
01CO1-9605-CR-00201

01CO1-9605-CR-00201

Originating Judge:J. O. Bond
Wilson County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young

01C01-9605-CC-00195

Originating Judge:Leon C. Burns, Jr.
White County Court of Criminal Appeals 08/15/97
Kim Lamar Witt vs. State

01C01-9606-CR-00274

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 08/15/97
Danny J. Cole vs. State

01C01-9608-CR-00333

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 08/15/97
State vs. Robert Apollo Cantrell & Lorene E. Weakley

01C01-9605-CC-00216
Court of Criminal Appeals 08/15/97
State vs. Willard C. Cook, Sr.

01C01-9501-CC-00001

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 08/15/97
State vs. Marshall Lane Scruggs

01C01-9608-CR-00375

Originating Judge:Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 08/15/97
State vs. Johnny Goode

02C01-9611-CR-00428
Shelby County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young

01C01-9605-CC-00195

Originating Judge:Leon C. Burns, Jr.
White County Court of Criminal Appeals 08/15/97
Debbie Lee Givens vs. State

01C01-9608-CR-00372
Davidson County Court of Criminal Appeals 08/15/97
State vs. David Davenport

02C01-9612-CC-00444

Originating Judge:Whit A. Lafon
Henderson County Court of Criminal Appeals 08/14/97
Evans v. State

03C01-9601-CR-00018

Originating Judge:William M. Dender
Court of Criminal Appeals 08/13/97
William Key vs. Julian Bolton, et al

02A01-9703-CR-00072

Originating Judge:Chris B. Craft
Shelby County Court of Appeals 08/13/97
State vs. Ytockie Fuller

02C01-9607-CC-00215

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 08/13/97