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| Janice Farmer v. S&R of Tn, et al
02S01-9701-CH-00005
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The only issue upon this appeal is the degree of compensation to be awarded to the claimant. As a result of developing bilateral carpal tunnel syndrome, the claimant was referred by her employer to Dr. William L. Bourland for treatment. Dr. Bourland performed surgery in the form of carpal tunnel releases to each hand, on April 12 and April 26, 1994, respectively. Dr. Bourland was of the opinion that she had no permanent impairment to her left hand and five percent (5%) impairment to her right hand as a result of the condition and surgery. She returned to work with the same employer at the same wage. Some fourteen months later, she was referred by her attorney to Dr. Robert Christopher of Memphis for evaluation of her continuing complaints. Dr. Christopher examined her and gave her some tests and opined that she had a ten percent (1%) impairment of each upper extremity, which, based upon his reference to the AMA Guides to the Evaluation of Permanent Impairment, 4th Ed., translated to nineteen percent (19%) of the "combined values tables," and converts to an eleven percent (11%) impairment to the body as a whole. He felt that she should avoid any kind of work that required repeated wrist bending, either flexion or extension, and felt that bending her wrists many, many times per hour would be placing her at risk for further problems with her hands. He said that she should avoid jobs that require her to do repeated lifting of objects weighing more than twenty pounds, as well as pushing or pulling objects weighing more than twenty pounds and should avoid work that requires her to lift her arms above her shoulder height on a repeated basis. He said that she should not do work that required her to do severe exertion with her hands, such as squeezing tools or opening jars, or things of that sort, several times an hour. The employer concedes that the claimant has some permanent disability in her right arm, but feels that the award by the trial court was too great. 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Chancellor |
Lauderdale County | Workers Compensation Panel | 08/18/97 | |
| Paul King v. Goodyear Tire & Rubber Co.
02S01-9611-CH-00100
This workers' compensation appeal has been referred to this Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5- 6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue presented on this appeal is whether or not the requirements of T.C.A. _ 5-6-241, limiting an award of permanent partial disability to 2 _ times the medical impairment rating, should have been applied to the award in this case. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of his employment with the defendant employer when, on July 11, 1994, w hile working as a tirebuilder, he sustaine d an injury to his left shoulder. He subse quently saw Dr. James R. Wilkinson, an orthopedic surgeon. On October 6, 1994, Dr. Wilkinson performed a surgical procedure on his shoulde r which in volved dis secting the d eltoid muscle, removing the coracoac romial ligam ent and ch anging the anatomic construct of the shoulder. Dr. Wilkinson gave his o pinion that the claimant had sustained a permanent anatomical impairment of 6% to the left upper e xtremity due to joint crepitation, which amounted to 4% of the body as a whole. He agreed that, based upon his range of motion, his impairment should be an extra 2%. Dr. Wilkinson testified that he would expect claimant to have some weakness in his shoulder and would benefit from possibly avoiding overhead and heavy lifting and push ing a nd p ullin g aw ay fro m hi s bod y. He felt that claimant could have some problems with his shoulder performing his previous job. Dr. Wilkinson's rating conv erts to 4% physical impairment to the body as a whole. On January 6, 1995, claimant was released by Dr. Wilkinson to return to work, and he did return to w ork with th e defend ant emplo yer at his previous job, earning the same wages. On Ma y 1, 1995, claimant saw D r. Robert Barnett one time at the suggestion of his attorney. Claimant gave a history to Dr. Barnett of popping and creaking in his shoulder, which had impro ved, but said that he still felt the s ensation of it when he moved h is shoulder. 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge |
Wayne County | Workers Compensation Panel | 08/18/97 | |
| Gary Higginbotham v. Grinnell Corp.
02S01-9611-Ch-00101
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 50-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue for this panel to decide is whether or not this action is barred by thelimitations contained within the Workers' Compensation Act, T.C.A. _ 50-6-203 and _ 50-6-224. Those sections read as follows:
Authoring Judge: Robert A. Lanier, Special Judge
Originating Judge:Hon. Joe C. Morris |
Chester County | Workers Compensation Panel | 08/18/97 | |
| State vs. Tyrone Clay
02C01-9608-CC-00261
Originating Judge:J. Steven Stafford |
Lake County | Court of Criminal Appeals | 08/18/97 | |
| State vs. George Martin Jr.
02C01-9512-CC-00389
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 08/18/97 | |
| State vs. Bryan Hanley
01C01-9508-CC-00266
|
Hickman County | Court of Criminal Appeals | 08/15/97 | |
| Tony A. Makoka v. State
01C01-9603-CC-00124
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Shannon Potter
02C01-9702-CR-00073
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Antonio Demonte Lyons
01C01-9508-CR-00263
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Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Montro Taylor
02C01-9703-CR-00114
|
Shelby County | Court of Criminal Appeals | 08/15/97 | |
| Amos Curtis Copeny vs. State
01C01-9606-CR-00240
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Davidson County | Court of Criminal Appeals | 08/15/97 | |
| 01CO1-9605-CR-00201
01CO1-9605-CR-00201
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Charles Clay Young
01C01-9605-CC-00195
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 08/15/97 | |
| Kim Lamar Witt vs. State
01C01-9606-CR-00274
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| Danny J. Cole vs. State
01C01-9608-CR-00333
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Willard C. Cook, Sr.
01C01-9501-CC-00001
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Robert Apollo Cantrell & Lorene E. Weakley
01C01-9605-CC-00216
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Court of Criminal Appeals | 08/15/97 | ||
| State vs. Marshall Lane Scruggs
01C01-9608-CR-00375
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Johnny Goode
02C01-9611-CR-00428
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Shelby County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Charles Clay Young
01C01-9605-CC-00195
Originating Judge:Leon C. Burns, Jr. |
White County | Court of Criminal Appeals | 08/15/97 | |
| Debbie Lee Givens vs. State
01C01-9608-CR-00372
|
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Willard C. Cook, Sr.
01C01-9501-CC-00001
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Anand Franklin
01C01-9603-CR-00101
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/15/97 | |
| State vs. Martin Terrell
02C01-9701-CC-00001
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Tipton County | Court of Criminal Appeals | 08/15/97 | |
| State vs. David Davenport
02C01-9612-CC-00444
Originating Judge:Whit A. Lafon |
Henderson County | Court of Criminal Appeals | 08/14/97 |