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| 01A01-9604-CH-00362
01A01-9604-CH-00362
Originating Judge:Samuel L. Lewis |
Court of Appeals | 02/26/97 | ||
| Jones vs. Jones
01A01-9607-CV-00346
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/26/97 | |
| Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/25/97 | |
| 03A01-9607-JV-00234
03A01-9607-JV-00234
|
Sullivan County | Court of Appeals | 02/25/97 | |
| 03A01-9608-CH-00247
03A01-9608-CH-00247
|
Hamilton County | Court of Appeals | 02/25/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 02/25/97 | |
| 03C01-9603-CC-00088
03C01-9603-CC-00088
|
Sullivan County | Court of Criminal Appeals | 02/25/97 | |
| Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.
Authoring Judge: W. Neil Thomas, III
Originating Judge:Jerri Bryant, Chancellor |
Knox County | Workers Compensation Panel | 02/25/97 | |
| 03C01-9506-CR-00160
03C01-9506-CR-00160
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 02/24/97 | |
| Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042
|
Supreme Court | 02/24/97 | ||
| 03C01-9608-CC-00284
03C01-9608-CC-00284
|
Sevier County | Court of Criminal Appeals | 02/24/97 | |
| Thomas R. Murrah v. Aetna Life and Casualty
02S01-9607-CV-00065
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/21/97 | |
| Ulrich vs. Ulrich
01A01-9606-CV-00264
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/21/97 | |
| Peggy J. Skaggs v. Preferred Risk Mutual Insurance Company
03S01-9603-CV-00029
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 employer's insurer contends the evidence preponderates against the trial court's finding that the employee's fatal heart attack arose out of his employment. As discussed below, the panel has concluded the judgment should be affirmed. The claimant, Peggy Skaggs, is the widow of Charles R. Skaggs, deceased. At the time of his death, Mr. Skaggs was employed by the First Baptist Church of Morristown as Maintenance Supervisor. On August 8, 1994, following several hours of manual labor at the church, he developed severe neck pain and numbness and tingling in his hands and arms. Mrs. Skaggs, also a church employee, called an ambulance. He was taken to Ft. Sanders Hospital, where he died on August 1, 1994. According to the Death Certificate, death was caused by (1) heart attack, (2) coronary artery disease and (3) sudden cardiac death. The cause of the heart attack was confirmed by a medical doctor, who testified by deposition, "I believe the activity (he) engaged (in) may indeed have precipitated the onset of his myocardial infarction." The doctor conceded on cross-examination that undiagnosed pre-existing coronary artery disease may have been a contributing cause. The trial judge found the employee's heart attack to have been caused by physical exertion at work, thus compensable. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). A heart attack is compensable, as an accidental injury, if it can be shown by competent evidence that the attack was precipitated by physical exertion or stress at work. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The key, it has been held, to the recovery or denial of benefits is whether the heart attack is precipitated by the physical activity and exertion of the employee's work. Wingert v. Government of Sumner County, 98 S.W.2d 921 (Tenn. 1995). Moreover, an employee's death or disability resulting from a heart attack is causally related to his employment and therefore compensable, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Hamblen County | Workers Compensation Panel | 02/21/97 | |
| Frank Collier Auction & Realty Co. vs. Rice, et. al.
01A01-9608-CH-00384
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/21/97 | |
| Alan Lee Pressley v. United States Fidelity and Guaranty Co.
03S01-9606-CH-00058
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 employer's insurer contends the evidence preponderates against the trial court's finding that the employee has suffered an injury arising out of the employment. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Pressley, was thirty-eight years old at the time of the trial. He has an eighth grade education, but had to repeat the second, fifth and seventh grades. He has worked as a bag boy and service station attendant. He began working as a mechanic for The Auto Place in 1988. On the afternoon of October 4, 1994, he was attempting to install a gasoline tank on a vehicle when his back made a popping noise and he felt low back pain. Later the same day, he reported to the emergency room at Harriman City Hospital. The history recorded by the admitting clerk reflects the claimant had been suffering back pain for about a year, but the claimant's wife testified at trial that she told the clerk about the injury that had occurred at work the same day. The claimant did not return to work the next day because of back pain. Four days later, the claimant reported to the emergency room at Oak Ridge Methodist Medical Center. The clerk's notes at this hospital indicate the pain began five days earlier as the claimant was getting out of bed, although the claimant's live testimony is that he explained to the person taking his history about the injury at work. He was thereafter treated by Dr. Hardigree, who released him to return to work after a conservative treatment and a short period of disability. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/21/97 | |
| Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/21/97 | |
| 01A01-9608-CH-00352
01A01-9608-CH-00352
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/21/97 | |
| Brian Wolney and wife, Melissa Wolney, v. Lisa M. Emmons and Wells Fargo Armored Service Corporation
02A01-9508-CV-00169
This is a suit for damages brought by Plaintiff Brian Wolney (“Wolney”), with his wife Melissa Wolney, against Defendants Wells Fargo Armored Service Corporation (“WFA”) and Lisa M. Emmons (“Emmons”). Wolney sued for personal injuries he sustained in an accident while riding as a passenger in a vehicle driven by Emmons, but owned by WFA. The trial court granted partial summary judgment in favor of WFA, finding that Wolney’s tort claim against WFA was barred because Wolney was WFA’s statutory employee. The Wolneys appeal the grant of partial summary judgment. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge George H. Brown, Jr. |
Shelby County | Court of Appeals | 02/21/97 | |
| James W. Smith v. Wilson County Concrete Co., et al.
01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 02/21/97 | |
| Waste Management vs. South Central Bell
01A01-9504-CV-00182
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/21/97 | |
| Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/21/97 | |
| James W. Smith v. Wilson County Concrete Co., et al.
01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 02/21/97 | |
| Waste Management vs. South Central Bell
01A01-9504-CV-00182
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/21/97 | |
| Lovell & Malone vs. Commonwealth Life Ins.
01A01-9607-CH-00299
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/21/97 |