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| Williams vs. Williams
01A01-9610-CV-00468
Originating Judge:John A. Turnbull |
Court of Appeals | 05/23/97 | ||
| Dorothy Lewis vs. Julie Donoho
02A01-9708-CV-00201
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Court of Appeals | 05/23/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Blount County | Court of Appeals | 05/23/97 | |
| State vs. Blevins
03C01-9606-CC-00242
Originating Judge:Arden L. Hill |
Washington County | Court of Criminal Appeals | 05/23/97 | |
| Harris vs. Dominon Bank of Middle TN., et. al.
01A01-9609-CH-00444
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Appeals | 05/23/97 | |
| Herchel Seagraves v. Plaza Machine and Tool
02S01-9612-CH-00104
Authoring Judge: Don R. Ash, Special Judge
Originating Judge:Chancellor |
Gibson County | Workers Compensation Panel | 05/23/97 | |
| Washington vs. Department of Corrections
01A01-9506-CH-00276
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 05/23/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 05/23/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 05/23/97 | |
| Willie & Bobbie Lomax vs. Headley Homes, et al
02A01-9607-CH-00163
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 05/22/97 | |
| Joseph Myers & Carl Klimek vs. Pickering Firm, Inc.
02A01-9605-CV-00124
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 05/22/97 | |
| Jim Voss vs. Shelter Mutual Insurance Co., et al
02A01-9604-CV-00082
Originating Judge:W. B. Acree |
Shelby County | Court of Appeals | 05/22/97 | |
| Horton vs. State
03C01-9604-CR-00161
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 05/22/97 | |
| State vs. Whaley
03C01-9608-CR-00307
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 05/22/97 | |
| Gordon Burks vs. Belz-Wilson Properties, et al
02A01-9607-CV-00154
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/22/97 | |
| 01CO1-9605-CC-00225
01CO1-9605-CC-00225
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Coffee County | Court of Criminal Appeals | 05/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 05/21/97 | |
| Randy Pertuset v. Pargo's, Inc.
01S01-9609-CH-00189
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 dismissed the plaintiff's petition for workers' compensation benefits. The plaintiff raises the following issues: I. The trial court erred in finding that the altercation between the plaintiff and Thomas Wilson, a co-employee, was not an "accident" sufficient to justify an award of workers' compensation benefits. II. The trial court erred in finding that the medical evidence was insufficient to justify an award based on a mental or nervous disorder. We affirm the judgment of the trial court. The plaintiff in the case was employed as a supervisor at Pargo's, Inc., a restaurant. On January 27, 1994, during the lunch hour, the plaintiff became involved in an exchange with a cook over an order. The evidence shows the plaintiff entered the kitchen to reprimand the cook. The plaintiff pointed his finger at the cook's face as he spoke to him. There is a dispute between the plaintiff and the other witnesses about what then occurred. The plaintiff testified the cook struck him on the neck with his arm, and that he fell to the floor as a result of the blow. The plaintiff was the only witness to give this history of the confrontation. The other witnesses testified the cook placed his hand on the plaintiff's face and pushed him away. All of these witnesses testified the plaintiff did not fall. The day following the incident, the plaintiff became emotionally upset and had to leave work. Basically, the plaintiff was never successfully employed after this time because his mental condition seemed to deteriorate. The Chancellor's memorandum stated in its most pertinent part as follows: The Court finds that the altercation on January 27, 1994 between the plaintiff and Mr. Wilson did not amount to an "accident" sufficient to justify an award. While the plaintiff claims that the plaintiff assaulted him with such force sufficient to cause him to fall to the floor and suffer from neck stiffness, evidence in the record and testimony at trial do not support such a conclusion. Testimony at trial by co-workers who witnessed the altercation reports that the plaintiff began the altercation by verbally 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 05/21/97 | |
| State vs. Danny Dorris
01C01-9606-CR-00242
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/21/97 | |
| Kay E. Blackwood, Jr. v. The Berkline Corp., et al.
01S01-9609-CV-00190
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellants contend (1) the award of permanent partial disability benefits is excessive, (2) it was error for the trial judge to become a witness in the case and (3) the trial judge abused his discretion by commuting permanent partial benefits to a lump sum. As discussed below, the panel has concluded the award of permanent partial disability benefits should be modified and, as modified, paid in a lump sum, and the evidential remarks of the trial judge were harmless in light of our modification. The claimant, Kay Eugene Blackwood, Jr., is thirty-nine years old with a high school education and vocational training as an automobile mechanic and some college training as a minister of the gospel. He gradually developed bilateral carpal tunnel syndrome from the repetitive use of his hands at work for employer, Berkline. The employer referred him to Dr. James B. Talmage. The doctor diagnosed bilateral carpal tunnel syndrome and prescribed braces for both wrists. He restricted the claimant from repetitive work with his right hand and recommended wearing the braces while sleeping. The claimant was totally disabled for several weeks. The doctor assigned zero percent permanent impairment, but acknowledged some loss of grip strength and conceded that, on the basis of lost grip strength, the AMA Guidelines provided twenty percent permanent impairment to the right arm and ten percent to the left, using a method the doctor considered inappropriate. Dr. Talmage did not concede the loss of grip strength was permanent. Dr. Randy Gaw, a neurologist, diagnosed mild right carpal tunnel syndrome but found no evidence of "left median nerve mononeuropathy" or "generalized neuropathic or myopathic process involving the upper extremities." The claimant returned to work for the employer. Dr. S. M. Smith, who did not treat the claimant but evaluated him, diagnosed moderate carpal tunnel syndrome on the right and mild carpal tunnel syndrome on the left. He assigned twenty percent permanent impairment to the right hand and ten percent to the left. The trial court awarded, among other things, permanent partial disability benefits based on fifty percent to each arm, commuted to a lump sum. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. John A. Turnbull, |
Clay County | Workers Compensation Panel | 05/21/97 | |
| Hepp vs. Joe B's & Schultz
01A01-9604-CV-00183
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 05/21/97 | |
| 02C01-9602-CC-00047
02C01-9602-CC-00047
Originating Judge:Joe B. Jones |
Dyer County | Court of Criminal Appeals | 05/21/97 | |
| Brenda Durham Konyndyk v. Eagle Displays, Inc.
01S01-9609-CH-00188
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 appeals the trial court's finding that she did not retain any permanent partial disability as a result of her work-related injury. We affirm the trial court's judgment. On July 24, 1993, plaintiff was hit by a forklift from behind while she was squatting to take plastic wrap off supplies for the work she was performing. She injured her left shoulder when she fell as a result of this accident. She continued to work after her injury except for a few breaks to rest her shoulder, either at her doctor's request or her own, until March 31, 1995, when she voluntarily quit or retired. She testified that she quit because of her continued shoulder pain, but it is not clear from the transcript whether she gave this reason to her employer. She testified that she continues to experience pain in her shoulder which limits her ability to reach, especially overhead, and lift. She testified that she has difficulty cleaning showers and overhead cabinets, working in her garden and swimming. Plaintiff has mostly received her treatment from her family practitioner, Dr. J. Richard Thomasson. He diagnosed tendinitis of the left shoulder. He also diagnosed tenosynovitis in her right thumb after it began to bother her in the late fall of November 1994; however, he could not testify with any certainty as to the cause of her right thumb tenosynovitis. He opined that she had a medical impairment rating of 27% to the whole body, which he broke down to 7% whole body impairment due to her left shoulder tendinitis and 22% whole body impairment due to her right thumb tenosynovitis. Dr. Thomason testified the plaintiff's thumb problem was due either to overuse or trauma. Dr. Thomason's testimony was uncertain and not persuasive in establishing plaintiff's disability, if any, from her work-related injury. Plaintiff was also evaluated by three orthopedic surgeons. Dr. Robert E. Stein ordered an MRI, which showed mild degenerative disc disease from the C5 through the C7 disks, but was within normal limits. He opined that it was "an MRI that would be 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. John W. Rollins, |
Knox County | Workers Compensation Panel | 05/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Scott County | Court of Appeals | 05/21/97 | |
| State vs. Penelope Karnes
01C01-9606-CR-00249
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 05/21/97 |