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| 01A01-9601-GS-00021
01A01-9601-GS-00021
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 01/17/97 | |
| Premier Manufacturing, et al. v. Patricia Cothran
01S01-9605-CV-00102
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 of findings of fact and conclusions of law. The trial court found that the plaintiff failed to carry her burden of proving that she sustained a permanent disabling injury, a finding based upon assessing the credibility of the witnesses. Given the considerable deference we must give to the trial court's credibility determinations, McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995) and the presumption of correctness of the trial court's findings, Tenn. Code Ann. _ 5-6-225(e)(2), we affirm the trial court's decision. The plaintiff worked for Premier Manufacturing Support Services, Inc., a contractor at the Spring Hill Saturn automobile assembly plant. The company performed a variety of services for Saturn, including cleaning the interiors of buildings and maintaining the grounds. The plaintiff worked at several inside and outside jobs before she sought and received a job driving cars off the assembly line. On January 14, 1994, the car the plaintiff was driving backed into a light pole. She was taken to a Columbia hospital where she was treated and released. The company sent the plaintiff to Dr. Larry Laughlin, an orthopedic surgeon, who diagnosed her as having back and neck strain. He referred her to Pinnacle Rehabilitation for physical therapy. On the plaintiff's second visit to Laughlin, he conducted a test that indicated that the plaintiff was magnifying her symptoms. The finding of a MRI was normal. Pinnacle conducted a symptom magnification test on the plaintiff, and she scored a four out of five, which means positive for symptom magnification. Laughlin testified that he could not find any significant problems with the plaintiff and he found no permanent impairment. He placed no physical restrictions on her work. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. William B. Cain, |
Maury County | Workers Compensation Panel | 01/17/97 | |
| 01A01-9607-CV-00317
01A01-9607-CV-00317
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 01/17/97 | |
| 01A01-9607-CV-00328
01A01-9607-CV-00328
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 01/17/97 | |
| Elvin L. Blankenship and wife, Mary Blankenship, and Wayne Blankenship, v. Alvis Blankenship and wife, Dorothy Blankenship, and Charles Goodman and wife, Kathy Goodman
02A01-9603-CH-00051
In this boundary line dispute the Trial Court appointed a surveyor who established a boundary line between the parties which ws adopted by the Trial Judge in the Decree in this case. Defendants has appealed, asserting the Trial Court erred in limiting their proof and in adopting the boundary established by the surveyor.
Authoring Judge: Judge Heschel Pickens Franks
Originating Judge:Judge Joe C. Morris |
Wayne County | Court of Appeals | 01/17/97 | |
| State vs. Marvin Mathews
02C01-9701-CC-00024
|
Lauderdale County | Court of Criminal Appeals | 01/17/97 | |
| Lisa Whited v. Tn. Woolen Mills, Inc., et al.
01S01-9605-CH-00088
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. Plaintiff injured her right arm, shoulder and neck while working on an assembly line at defendant's woolen mill. The trial court awarded her 5 percent permanent vocational disability. We affirm the judgment of the trial court. At the time of trial, plaintiff was 27 years old with a high school education and a variety of work experience, including fast food clerk, grocery store clerk, newspaper deliverer, tobacco stripper, and factory worker. All of these jobs have required steady use of her hands and arms. On August 1, 1994, plaintiff was sitting in a chair at her sewing work station when she found that a blanket she was working on was hung on a cart. As she pulled the blanket, it snagged. She pulled firmly and when the blanket came loose, she "snapped back in her chair," and felt pain in her right arm, shoulder and neck. She was referred by defendant to Dr. Johnson, who gave her physical therapy and medication and, after having no success, referred her to another company- approved physician, Dr. Roy Clarence Terry, an orthopedic surgeon. Dr. Terry testified by deposition that he performed an arthroscopy and removed the ends of two bones in plaintiff's shoulder which were impinging on each other. Although plaintiff improved after surgery, she remained unable to fully raise her right arm, to lift things above her head, or to move her arm in all directions. She has continued to have severe pain in the arm. Dr. Terry discovered that she also had a symptomatic disc herniation in her neck, caused by the same accident. He assessed nine percent permanent partial disability to the body as a whole. She was totally unable to work when he last saw her, in June 1995, but he expected that with time she would be able to work with limitations. Defendant asked Dr. Leon Ensalada, a medical doctor who is board-certified 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. C. K. Smith |
White County | Workers Compensation Panel | 01/17/97 | |
| Larry R. Williams v. Scott Bolt & Screw Co., et al.
01S01-9604-CH-00077
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 of findings of fact and conclusions of law. The plaintiff filed suit alleging that a brown recluse spider bit him while he was at work on April 15, 1993. The trial court denied his claim. Because the evidence does not support the plaintiff's claim, the trial court decision is affirmed. The plaintiff testified that his left leg started itching at work at about 2: p.m. on April 15 or maybe April 19, he is not sure which. At any rate, in his deposition the plaintiff testified that the next thing he noticed was a sore knee the following morning, but he did not pay much attention to it. He testified differently at trial. The plaintiff and his live-in girlfriend both testified they saw a red mark on his knee when he undressed after work the afternoon the itching stared. In any event, the pain started the next morning. The plaintiff went to work and worked almost all day. The pain got bad toward quitting time, and the employer encouraged the plaintiff to see a doctor. He did, and eventually came under the care of two Vanderbilt doctors, Phillip Wolinsky, an orthopedic surgeon, and Bruce Shack, a plastic surgeon. Neither of them know whether a brown recluse spider bite caused the plaintiff's wound. But it was serious whatever caused it, and the plaintiff suffers permanent impairment as a result of it. The doctors' testimony contradicts the plaintiff's claim that a brown recluse spider bit him at work. Dr. Wolinsky does not know much about brown recluse spider bites, and what little he does know and shared in his deposition does not support the plaintiff's claim. According to Wolinsky, the literature referred to by the plaintiff's counsel indicates that while a bite may not cause any immediate pain, some localized pain develops within an hour or so. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Davidson County | Workers Compensation Panel | 01/17/97 | |
| 01A01-9607-CV-00337
01A01-9607-CV-00337
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/17/97 | |
| Barbara Jenkins v. Yasuda Fire & Marine Insurance Company
01S01-96021-CR-00036
Authoring Judge: Senior Judge William S. Russell
Originating Judge:Hon. J.O. BOND, JUDGE |
Macon County | Workers Compensation Panel | 01/17/97 | |
| 01C01-9602-CR-00071
01C01-9602-CR-00071
|
Sumner County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9604-CC-00138
01C01-9604-CC-00138
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9601-CR-00045
01C01-9601-CR-00045
|
Sumner County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9603-CC-00099
01C01-9603-CC-00099
|
Hickman County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9507-CC-00234
01C01-9507-CC-00234
|
Williamson County | Court of Criminal Appeals | 01/16/97 | |
| On April 29, 1993. See State v. Teresa M. King, No. 01C01-9204-Cr-00146 (Tenn. Crim.
01C01-9610-CR-00449
|
Davidson County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9510-CC-00326
01C01-9510-CC-00326
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9510-CR-00335
01C01-9510-CR-00335
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9411-CC-00378
01C01-9411-CC-00378
Originating Judge:William B. Cain |
Wayne County | Court of Criminal Appeals | 01/16/97 | |
| The Honorable Hamilton v. Gayden, Jr., Judge
01A01-9607-CV-00338
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/15/97 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
|
Court of Appeals | 01/15/97 | ||
| 01A01-9603-CH-00098
01A01-9603-CH-00098
|
Court of Appeals | 01/15/97 | ||
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Henry F. Todd |
Court of Appeals | 01/15/97 | ||
| 01A01-9606-CH-00278
01A01-9606-CH-00278
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/15/97 | |
| 01A01-9605-CH-00222
01A01-9605-CH-00222
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 01/15/97 |