APPELLATE COURT OPINIONS | Tennessee Administrative Office of the Courts

Please enter some keywords to search.

COURT

COUNTY

AUTHORING JUDGE

ORIGINATING JUDGE

CASE NUMBER

DATE FILTER

SEARCH TITLE

SEARCH CASE SUMMARY

Steven Mason vs. State 01C01-9610-CC-00428	Maury County	Court of Criminal Appeals	09/30/97
01C01-9603-CC-00092 01C01-9603-CC-00092 Originating Judge:Walter C. Kurtz	Davidson County	Court of Criminal Appeals	09/30/97
State vs. James Edward Gates 01C01-9607-CR-00312	Davidson County	Court of Criminal Appeals	09/30/97
Ricky D. Hulsey vs. State 01C01-9609-CC-00399 Originating Judge:W. Charles Lee	Lincoln County	Court of Criminal Appeals	09/30/97
State vs. Thompson 03C01-9609-CR-00353 Originating Judge:E. Eugene Eblen	Roane County	Court of Criminal Appeals	09/30/97
Christopher v. Sockwell 03S01-9701-CH-00005 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. Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." Mr. Arons was 44 years old when he died on November 19, 1993. The appellant is his second wife, to whom he was married in 1973. They had one child, Nichole, who was born in 198. Mr. Arons and his first wife had four children. The family was dysfunctional, with the father being completely estranged from these children for a variety of causes, apparently attributable to drug and alcohol abuse. His second marriage was not idyllic; he abused alcohol to the extent he required hospitalization and, on occasion, his wife sought an order of protection. He was an inveterate cigarette smoker -- forty to sixty per day for 15 years -- and his eating habits were unusual in that he ate only one meal--breakfast--each day, snacking on junk food thereafter. His daughter, Nichole, was injured in a serious traffic accident on October 1, 1993 and his request for time-off from work was granted. He returned to work on November 3, 1993 and was found dead in his truck on November 19, 1993. After he returned to work, the decedent performed his duties without incident. He was not required to load, unload, supervise or do anything except drive. He had not engaged in any strenuous activity and had no altercations. He had made no complaints about illness and had never been treated for cardiovascular disease. 2 Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. Sharon J. Bell	Knox County	Workers Compensation Panel	09/30/97
01C01-9605-CR-00184 01C01-9605-CR-00184	Davidson County	Court of Criminal Appeals	09/30/97
State vs. Justes 03C01-9610-CR-00368	Morgan County	Court of Criminal Appeals	09/30/97
Petition. See State v. Joseph Clyde Beard, Jr., No. 03C01-9502-Cr-000044, 01C01-9603-CC-00092 Originating Judge:Walter C. Kurtz	Davidson County	Court of Criminal Appeals	09/30/97
State vs. Michael Amos 01C01-9601-CC-00011 Originating Judge:Jim T. Hamilton	Maury County	Court of Criminal Appeals	09/30/97
Lambdin v. Old 03S01-9610-CH-00102 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 appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Billy Joe White,	Knox County	Workers Compensation Panel	09/30/97
State vs. AAA Aaron's Action Agency 01C01-9608-CR-00348	Davidson County	Court of Criminal Appeals	09/30/97
State vs. Michael A. Baskette 01C01-9604-CC-00167	Franklin County	Court of Criminal Appeals	09/30/97
State vs. Robert Moore 01C01-9608-CC-00335 Originating Judge:Allen W. Wallace		Court of Criminal Appeals	09/30/97
Marvin Goodman vs. State 01C01-9607-CR-00286 Originating Judge:J. Randall Wyatt, Jr.	Davidson County	Court of Criminal Appeals	09/30/97
Arthur L. Armstrong vs. State 01C01-9608-CR-00331	Davidson County	Court of Criminal Appeals	09/30/97
State vs. Dubose 01S01-9602-CC-00029 Originating Judge:Henry Denmark Bell	Williamson County	Supreme Court	09/29/97
Jeanette Wilson v. Tecumseh Products Co. 02S01-9704-CV-00031 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 of findings of fact and conclusions of law. Tecumseh Products Company ("defendant") has raised the following issues by this appeal: Did the trial court err (1) in finding that plaintiff's vocational disability arose out of and in the course of her employment, (2) in awarding plaintiff temporary total disability and ordering defendant to pay certain medical expenses, (3) in finding that plaintiff sustained a forty percent permanent partial disability to her right arm and thirty percent permanent partial disability to her left arm, and (4) in charging certain discretionary costs incurred by plaintiff to defendant. We find no error and affirm. Jeanette Wilson ("plaintiff") was an employee of defendant, working on a production line. Her duties involved using a screwdriver to adjust wedges on motors that came down the assembly line. She was required to make adjustments on one side of the motor, turn the motor over and make adjustments on the other side. It is undisputed that these functions required plaintiff to use both of her hands and to lift motors which could weigh up to forty pounds. Plaintiff had no difficulty with her hands and arms prior to coming to work for defendant. She began to experience problems in both arms, specifically her right wrist, in November, 1995. She continued to work until the condition worsened to the point where she felt obliged to see a doctor. Upon notifying the defendant of her condition, defendant provided her with a choice of three physicians who could treat her. Plaintiff chose Dr. John Holancin. Dr. Holancin, after examining plaintiff, placed her on light duty and referred her to Dr. Ronald Bingham for a diagnostic test called an EMG. This test revealed that plaintiff had no median sensory slowing in either wrist, but did have severe median motor conduction slowing across both wrists. He concluded that plaintiff was suffering from severe carpal tunnel syndrome in both hands. Plaintiff continued to work until such time as her hands swelled so much that she was unable to perform her work. In the note that was written by her supervisor to the 2 Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge Originating Judge:Hon. C. Creed Mcginley, Judge	Wilson County	Workers Compensation Panel	09/29/97
McDaniel vs. CSX Transportation, Inc. 01S01-9605-CV-00095		Supreme Court	09/29/97
Tennessee Farmers Mutual Ins. vs. Thomas Tipton 02A01-9702-CV-00037 Originating Judge:Joseph H. Walker		Court of Appeals	09/29/97
Charley Clunan Co. Inc. vs. Joyce Martin 02A01-9704-CH-00087 Originating Judge:C. Neal Small	Shelby County	Court of Appeals	09/29/97
Shipley vs. Shipley 03A01-9611-JV-00369	Greene County	Court of Appeals	09/29/97
State vs. Gordon 01S01-9605-CC-00084		Supreme Court	09/29/97
State vs. Dubose 01S01-9602-CC-00029		Supreme Court	09/29/97
Michael A. Smith v. Continental Casualty Co. 02S01-9704-CH-00033 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 of findings of fact and conclusions of law. Following a bench trial, the chancellor below found that there was no proof that plaintiff injured his back during the course and scope of his employment, and further found that plaintiff gave his employer no notice of injury. On appeal plaintiff has raised one issue for our consideration: whether the trial court erred in preventing plaintiff from offering proof as to a specific injury and notice of injury by sustaining an objection to certain testimony of plaintiff. In addition, defendant presents one issue: whether the evidence preponderates against the chancellor's finding that plaintiff did not sustain a work-related injury. We find no error and affirm. Michael A. Smith ("plaintiff") was employed by Kroger Grocery Company from 1978 through March 1994. Specifically, on March 16, 1994, plaintiff worked a nine hour shift and went home. The next morning he awoke with extreme pain in his back. He later went to the emergency room of the hospital in Jackson where he was subsequently diagnosed as having osteoporosis and three or four possible compression fractures of the vertebrae in the thoracic spine. When plaintiff's pain did not clear up, his treating physician referred him to Dr. Genaro Palmieri, who practices a specialty of endocrinology and metabolic bone diseases in Memphis. The subsequent examination of plaintiff by Dr. Palmieri confirmed that he indeed had the disease osteoporosis, in which the bones become extremely porous and more easily subject to fracture. X-rays taken by Dr. Palmieri's radiologists confirmed the fractures at T-4 and T-7, which according to the radiologists were old and were present before 1987. During the course of the trial, plaintiff was asked upon direct examination when a doctor first informed him of a connection between his work at Kroger and his back condition. Defendant's objection on the ground of hearsay was sustained by the chancellor. Subsequently, the chancellor ruled that there was nothing to indicate that plaintiff injured his back during the course and scope of his employment, therefore the injury was not compensable. The chancellor also Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge Originating Judge:Hon. Joe C. Morris, Chancellor	Smith County	Workers Compensation Panel	09/29/97