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01S01-9608-OT-00167 01S01-9608-OT-00167		Supreme Court	03/24/97
Guy Brewer v. City of Waynesboro 01S01-9607-CV-00150 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 employee appeals from the trial court's dismissal of his complaint for workers' compensation benefits for lack of notice. We affirm the judgment of the trial court. Plaintiff testified that he injured his back on May 6, 1993, while unloading 5- pound bags of chemicals in the course of his employment as water plant operator for the City of Waynesboro. He testified that his back began to hurt that evening and then continued to get worse. He testified that he informed Flora Locker, the city recorder, and Howard Riley, public works director, that he had hurt his back at work within two weeks of his injury. He further testified that Riley provided him with someone to assist him with lifting about two weeks after his May 6, 1993 injury. Flora Locker testified that the plaintiff told her he hurt his back lifting bags of chemicals, but she was uncertain when he told her except that it was before his July 14, 1993 fall. She testified that she did not make a report of it because it was more than ten days after the accident, which was the time limit she had been told for reporting accidents; however, she also testified that he never told her when he had hurt his back. Howard Riley denied ever having received notice from the plaintiff. A co- worker, David Maples, testified that Steve Colley, the city manager, told him about two weeks after May 6, 1993, to make sure that plaintiff did not have to do any lifting at work because plaintiff was having problems with his back. Plaintiff first went to Dr. J.V. Mangubat, a general practitioner and surgeon, for treatment. Dr. Mangubat testified by deposition that plaintiff first complained of pain in his left hip radiating down his left leg in April 1993, which he attributed to arthritis. He saw plaintiff again on May 6, 1993 to remove sutures from a previous in- office excision. Plaintiff did not complain of back or leg pain at the time. Plaintiff returned on June 3, 1993, complaining of pain in both hips radiating down both legs with some 2 Authoring Judge: John K. Byers, Senior Judge Originating Judge:Hon. Jim T. Hamilton,	Wayne County	Workers Compensation Panel	03/24/97
United States Fidelity & Guaranty and Paraclesius Healthcare, Inc. v. Holly Scott 01S01-9607-CH-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. I This action was filed by the employer and its insurer as one for declaratory judgment that "this case needs to be heard by the Court to determine the respective rights of the parties pursuant to the Tennessee W orkers' Compensation Act," since the employee was claiming a back injury sustained while assisting a patient during the course of her employment by Clay County Hospital. The defendant answered and counter-claimed, stating that she attempted to keep a patient from falling from a bed as a result of which she injured her back. The Chancellor found that the accident occurred as alleged, as a result of which the defendant was 7% vocationally disabled and awarded benefits accordingly. The plaintiffs appeal and present for review (1) whether the finding of 7% disability is excessive; (2) whether the multiplier was exceeded, (3) whether a partial lump sum was properly awarded. II The defendant is a 38-year-old licensed practical nurse and a certified nurse's aide. She was assisting a patient at home who rolled from bed and both of them hit the floor. As stated by the employer, the only issues litigated were the extent of permanent partial disability and the requested commutation of the award to a lump sum. She testified that she could no longer perform the duties of an LPN. Dr. Ray Hester, a neurosurgeon, testified that he initially saw the defendant on September 14, 1993. She complained of back pain and he later determined that she had a ruptured disc which surgery would not correct. Weight restrictions were imposed. He opined that she had a 5% impairment for thoracic strain and disc 2 Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. Vernon Neal,	Clay County	Workers Compensation Panel	03/24/97
Willie Banks v. Meridan Insurance Co. 01S01-9509-CV-00159 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 reported that he had injured his back on May 4, 1993. The trial judge found the plaintiff had failed to show by a preponderance of the evidence that he had sustained a permanent impairment and dismissed the complaint. We affirm the judgment of the trial court. The undisputed evidence shows the plaintiff suffered from spinal stenosis, a manifestation of the aging process, which is normal for a person of the age of 62, the age of plaintiff. The material evidence consists of the deposition testimony of Dr. Roger Ray, a neurosurgeon, and a CT scan done at Crockett Hospital. Dr. Ray, when asked on direct questioning, testified the plaintiff sustained a ten percent whole body impairment as a result of the alleged back injury. The finding was based upon the testing given to him and upon his evaluation of the plaintiff and review of the CT scan report. On cross-examination, Dr. Ray testified he did not use the 4th Edition of the AMA Guides to determine the disability of the plaintiff, but testified he thought he used the 3rd edition. Dr. Ray's testimony was less than clear on whether he used any edition of the Guidelines. The ultimate outcome of the testimony of Dr. Ray and the finding of the CT scan is that the plaintiff suffered from spinal stenosis, which was not caused by the injury at work. At most, the injury only caused the plaintiff to suffer pain. The plaintiff was released by Dr. Ray to return to work without any limitations. From the record, we find the plaintiff suffered from an underlying condition that was not caused by the employment. At most, the plaintiff has, by his own report, suffered only pain. There is no evidence the employment caused any progression or aggravation of the underlying condition, but only caused pain. This is not compensable. Cunningham v. Goodyear Tire and Rubber Co., 811 S.W.2d 888 (Tenn. 1991). See also Townsend v. State, 826 S.W.2d 434 (Tenn. 1992). 2 Authoring Judge: John K. Byers, Senior Judge Originating Judge:Hon. William B. Cain	Lawrence County	Workers Compensation Panel	03/24/97
03A01-9604-CV-00147 03A01-9604-CV-00147	Jefferson County	Court of Appeals	03/21/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	03/21/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	03/21/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Hamilton County	Court of Appeals	03/21/97
03A01-9608-CH-00266 03A01-9608-CH-00266	Greene County	Court of Appeals	03/21/97
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX		Court of Appeals	03/21/97
03C01-9510-CC-00314 03C01-9510-CC-00314	Bradley County	Court of Criminal Appeals	03/20/97
03C01-9503-CR-00067 03C01-9503-CR-00067 Originating Judge:E. Eugene Eblen	Roane County	Court of Criminal Appeals	03/20/97
01C01-9604-CC-00125 01C01-9604-CC-00125 Originating Judge:Henry Denmark Bell	Williamson County	Court of Criminal Appeals	03/20/97
03C01-9510-CR-00317 03C01-9510-CR-00317 Originating Judge:Stephen M. Bevil	Hamilton County	Court of Criminal Appeals	03/20/97
02A01-9604-CH-00083 02A01-9604-CH-00083 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	03/20/97
02A01-9606-CH-00136 02A01-9606-CH-00136 Originating Judge:George R. Ellis	Gibson County	Court of Appeals	03/20/97
03C01-9605-CC-00191 03C01-9605-CC-00191	McMinn County	Court of Criminal Appeals	03/20/97
01C01-9601-PB-00037 01C01-9601-PB-00037	Davidson County	Court of Criminal Appeals	03/20/97
01C01-9506-CR-00211 01C01-9506-CR-00211	Davidson County	Court of Criminal Appeals	03/20/97
01C01-9604-CC-00133 01C01-9604-CC-00133	Williamson County	Court of Criminal Appeals	03/20/97
02A01-9604-CH-00083 02A01-9604-CH-00083 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	03/20/97
01C01-9604-CR-00130 01C01-9604-CR-00130	Davidson County	Court of Criminal Appeals	03/20/97
01C01-9601-CC-00036 01C01-9601-CC-00036	Rutherford County	Court of Criminal Appeals	03/20/97
03C01-9601-CR-00013 03C01-9601-CR-00013 Originating Judge:Stephen M. Bevil	Hamilton County	Court of Criminal Appeals	03/19/97
02C01-9605-CR-00162 02C01-9605-CR-00162	Shelby County	Court of Criminal Appeals	03/19/97