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Jeffrey Glenn Bogle v. Distribution & Auto Service, et al.
01S01-9706-CH-00128
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 he had sustained permanent impairment to his knees as the result of an injury in the course and scope of his employment with the defendant. The trial judge denied the plaintiff's claim for workers' compensation and dismissed his case. The plaintiff says he carried his burden of proving by a preponderance of the evidence that he sustained a work related injury. We affirm the judgment of the trial court. The plaintiff was age 4 at the time of trial. He had a high school education and was trained in automobile body repair work. The plaintiff alleged his knees were injured when he fell off an automobile frame rack and landed on both knees on August 16, 1994. The plaintiff did not see a doctor about his knee problems until late 1994 or early 1995. The evidence of whether the injury to the plaintiff's knees was causally connected to his work with the defendant is based upon the testimony of the plaintiff and one doctor. The plaintiff testified that he considered the work related fall to be minor at first but that later he developed a gradually progressive serious problem in both knees. The plaintiff explained that he could not have known the seriousness of the fall until the onset of symptoms. Dr. Robert Russell, an orthopaedic surgeon, testified that it was not until after he performed arthroscopic surgery on the plaintiff's knees that he concluded the condition was "trauma related." Dr. Russell further testified that the plaintiff's injury was "consistent" with a fall to both knees, but he did not testify based upon a reasonable degree of medical certainty that the plaintiff 's work related fall caused his knee problems. Dr. Russell assessed a 12 percent permanent partial impairment to each knee and restricted the plaintiff from climbing, squatting, and crawling. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Robert E. Corlew, III, |
Rutherford County | Workers Compensation Panel | 01/26/98 | |
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State vs. Nicole Gray
02C01-9612-CR-00442
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Shelby County | Court of Criminal Appeals | 01/23/98 | |
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Schering Healthcare vs. St. Bd. Equalization
02A01-9703-CH-00058
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 01/23/98 | |
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03C01-9610-CR-00407
03C01-9610-CR-00407
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 01/23/98 | |
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Riley vs. State
03C01-9705-CR-00181
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 01/23/98 | |
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State vs. George Woods
02C01-9701-CC-00037
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Hardeman County | Court of Criminal Appeals | 01/23/98 | |
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State vs. Jason Pickens
02C01-9612-CC-00486
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Hardin County | Court of Criminal Appeals | 01/23/98 | |
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State vs. Cynthia & Rhodney Roberson
02C01-9702-CC-00083
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 01/23/98 | |
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State vs. Ronald Cass
02C01-9612-CC-00489
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 01/23/98 | |
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State vs. Bobbie Weathers
02C01-9703-CC-00123
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 01/22/98 | |
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Thompson vs. State
03C01-9611-CR-00395
Originating Judge:Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 01/22/98 | |
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Wilson vs. Wilson
03A01-9708-CV-00324
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Court of Appeals | 01/22/98 | ||
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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 | |
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State vs. William Bogus
02C01-9506-CC-00169
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 01/22/98 | |
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State vs. Robert Glen Coe
02C01-9606-CR-00200
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Shelby County | Court of Criminal Appeals | 01/22/98 | |
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State vs. Maurice Manley
02C01-9612-CC-00482
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 01/22/98 | |
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Hicks vs. Hicks
03A01-9708-CV-00359
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Court of Appeals | 01/22/98 | ||
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State vs. Wilbur Kerney
02C01-9608-CC-00264
Originating Judge:William B. Acree |
Weakley County | Court of Criminal Appeals | 01/22/98 | |
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03C01-9607-CR-00269
03C01-9607-CR-00269
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Knox County | Court of Criminal Appeals | 01/22/98 | |
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State vs. Taylor
03C01-9705-CR-00169
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Knox County | Court of Criminal Appeals | 01/21/98 | |
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State vs. Roy Wakefield
01C01-9609-CR-00389
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/21/98 | |
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Tom Ewell, et al vs. Anne Hill
02A01-9608-CH-00178
Originating Judge:Homer W. Bradberry |
Fayette County | Court of Appeals | 01/21/98 | |
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William Sims vs. Eddie Stewart, et al
02A01-9706-CV-00123
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Appeals | 01/21/98 | |
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Residents vs. Diversified
03A01-9703-CV-00102
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McMinn County | Court of Appeals | 01/21/98 | |
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State vs. Bowman
03C01-9606-CC-00226
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Sullivan County | Court of Criminal Appeals | 01/21/98 |