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| Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.
01S01-9608-CH-00164
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, age 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Franklin County | Workers Compensation Panel | 05/16/97 | |
| Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/15/97 | |
| Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 05/15/97 | |
| State vs. Johnny Smith
02C01-9602-CR-00061
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/97 | |
| State vs. Mario Gutierrez
02C01-9502-CC-00043
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Hardin County | Court of Criminal Appeals | 05/15/97 | |
| State vs. Miller
03C01-9608-CR-00300
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 05/14/97 | |
| Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/14/97 | |
| Gentry vs. Gentry
01A01-9611-CH-00512
Originating Judge:Alex W. Darnell |
Montgomery County | Court of Appeals | 05/14/97 | |
| Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View
Originating Judge:John A. Turnbull |
Court of Appeals | 05/14/97 | ||
| 03C01-9605-CC-00190
03C01-9605-CC-00190
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 05/14/97 | |
| Nance vs. Nance
01A01-9611-CV-00515
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/14/97 | |
| Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/97 | |
| Gozenbach vs. Gozenbach
03A01-9609-CV-00314
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Court of Appeals | 05/13/97 | ||
| Patricia Dunn v. H.D. Lee Co.
01S01-9604-CH-00061
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law in dismissing as untimely plaintiff's claim for workers' compensation benefits.
Authoring Judge: Per Curiam
Originating Judge:PER CURIAM |
Lincoln County | Workers Compensation Panel | 05/13/97 | |
| Carrier Air Conditioning, et al. v. Henry Maguffin
01S01-9607-CV-00135
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. In this appeal, the employee or claimant, Maguffin, contends the evidence preponderates against the trial court's finding that he did not suffer an injury by accident. The panel has concluded the judgment should be affirmed. The claimant was working for Carrier in August of 1993 when he sprained his wrist while operating an air gun, thereby aggravating a pre- existing fracture, or "non-union of the scaphoid bone." His wrist swelled and he felt immediate pain. He received first aid from the company nurse, but continued to work. Almost a year later, because of continuing complaints of pain, he was referred by the employer to an orthopedic surgeon. The doctor operated and returned the claimant to work with some restrictions. In his deposition, the doctor opined that the injury aggravated the pre-existing condition by increasing pain, but did not create any permanent anatomical change. The surgeon was properly paid by the employer. The trial court found that the claimant had not suffered an injury by accident as contemplated by the Workers' Compensation Act. 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). Under the Tennessee Workers' Compensation Law, injuries by accident arising out of and in the course of employment which cause either disablement or death of the employee are compensable. Tenn. Code Ann. section 5-6-12(a)(5). An accidental injury is one which cannot be reasonably anticipated, is unexpected and is precipitated by unusual combinations of fortuitous circumstances. See Fink v. Caudle, 856 S.W.2d 952 (Tenn. 1993), and cases cited therein. An employer takes its employee with all pre-existing conditions, and cannot escape liability when the employee, upon suffering a work related injury, incurs disability far greater than if he had not had the pre-existing condition; Rogers v. Shaw, 813 S.W.2d 397 (Tenn. 1991); but if work aggravates a pre-existing condition merely by increasing pain, there is no injury by accident. Townsend v. State, 826 S.W.2d 434 (Tenn. 1992). The undisputed medical proof from the operating surgeon is that this claimant's aggravation of a pre-existing condition merely increased his pain 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Gerald L. Ewell, Sr., |
Coffee County | Workers Compensation Panel | 05/13/97 | |
| Bunch vs. Bunch
03A01-9609-GS-00301
|
Court of Appeals | 05/13/97 | ||
| State vs. Hicks
03C01-9602-CC-00064
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Washington County | Court of Criminal Appeals | 05/13/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/13/97 | ||
| State vs. Copeland
03C01-9605-CC-00196
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/13/97 | |
| Bell vs. Carter
03A01-9610-CH-00334
|
Court of Appeals | 05/13/97 | ||
| Savco vs. Century
03A01-9611-CV-00360
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Court of Appeals | 05/13/97 | ||
| Upper East Tenn. vs. Johnson
03A01-9701-CH-00011
|
Court of Appeals | 05/13/97 | ||
| Dianne B. Fowler v. Liberty Mutual Ins. Co, et al.
01S01-9607-GS-00151
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. |
Warren County | Workers Compensation Panel | 05/13/97 | |
| State vs. Violet
03C01-9603-CC-00135
Originating Judge:Mayo L. Mashburn |
McMinn County | Court of Criminal Appeals | 05/13/97 | |
| State vs. Brown
03C01-9604-CC-00140
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Hancock County | Court of Criminal Appeals | 05/13/97 |