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| Sharon Rivers v. Cigna Property & Casualty Co.
02S01-9612-CV-00105
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 first issue presented to the Court is whether or not the trial court erred in finding that the plaintiff was entitled to benefits for permanent partial disability based upon fif ty percent (5%) to the left lower extremity. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of her employment with the defendant on January 24, 1995, when her left foot became crushed between pieces of equipment. She did not have a fracture but had a crush injury of the soft tissue to the left foot. She was placed in a cast and given medication and recommendations for exercise and warm soaks. She eventually returned to work around March 1, 1995. She was under the treatment of the physician provided by the employer but was released to resume her work and she did resume her regular work as a stacker machine operator for approximately one year. She continued to have complaints of pain and irritation in her ankle from time to time and saw the company doctor. Some time after July 11, 1995, her supervisor told her that the employer would not be responsible for her doctor's bill for the preceding visit to the company doctor. Subsequent to that, however, she returned to see the company doctor, who saw her without expense to her. He felt that she reached maximum medical recovery on July 25, 1995 and opined that she had not suffered any permanent impairment. He concluded that she had sustained a soft tissue injury without any fracture or disarrangement of the joint. On January 17, 1996, Plaintiff's attorney referred her to a rheumatologist in Memphis without prior notice or consultation with the employer. She was subsequently seen and treated by the rheumatologist. She had been satisfied with the treatment given to her by the company doctor before her supervisor told her that his bill would not be paid. The rheumatologist has testified that the claimant suffered a fifteen percent (15%) permanent impairment to her left lower extremity. He based his opinion upon his 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Hon. Whit S. Lafon |
Madison County | Workers Compensation Panel | 08/18/97 | |
| Sarah Archie v. S & R of Tennessee, A/K/A Siegel
02S01-9701-CH-00006
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. As stated by counsel for the appellant in oral argument, this appeal raises only one issue: Whether the evidence preponderates against the trial court's award of thirty percent (3%) permanent partial disability to the left arm and fifteen percent (15%) permanent partial disability to the right arm. Plaintiff is a 46 year old woman who worked for the employer for 19 years. At the time of her injury, which is not disputed, her duties were to remove five to seven pound parts from one line, inspect them and place them on another line. She began experiencing pain in her hands and was referred by the employer to Dr. D. J. Canale, who diagnosed her condition as compatible with carpal tunnel syndrome. On July 27, 1993, he operated on her left hand, which was causing her the most problem. He allowed her to return to work on September 13, 1993. He felt that she had done well and had no permanent physical impairment. She still complained of pain on November 4, 1993. He noted that she used a drill or press at work which she had to grab with both hands and had to lift stock off of an assembly line, although she did not have to do repetitive acts with the left hand. He felt that it was possible that she had some mild arthritis. He last saw her on December 8, 1993, at which time she was apparently not without symptoms and he felt that she was developing some sort of arthritic symptoms or tendonitis. He felt that her conditions were "related to her job." He recommended that she avoid repetitive stress on the hand and wrist, specifically any job that required forceful flexion of the wrist in a repetitive fashion over a number of hours in the day, and said that she would be at risk of having additional problems if she did such motions. Claimant's attorney referred her to Dr. Robert Christopher, a physical medicine and rehabilitation specialist, for evaluation. He saw her on May 17, 1975. In his opinion the repetitive motion activity at work aggravated her preexisting condition of rheumatoid arthritis, resulting in the complaints of constant pain in the left hand with 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Hon. John Hill Chisolm, |
Lauderdale County | Workers Compensation Panel | 08/18/97 | |
| 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
|
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. Robert Apollo Cantrell & Lorene E. Weakley
01C01-9605-CC-00216
|
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. Marshall Lane Scruggs
01C01-9608-CR-00375
Originating Judge:Jane W. Wheatcraft |
Sumner 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. Johnny Goode
02C01-9611-CR-00428
|
Shelby 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
|
Tipton County | Court of Criminal Appeals | 08/15/97 | |
| 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
|
Davidson 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 | |
| Evans v. State
03C01-9601-CR-00018
Originating Judge:William M. Dender |
Court of Criminal Appeals | 08/13/97 | ||
| Tate vs. TN. Bd. of Paroles & Myers
01A01-9703-CV-00156
Originating Judge:Ben H. Cantrell |
Davidson County | Court of Appeals | 08/13/97 | |
| Hayes v. School
03S01-9609-CV-00093
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 employer, School Calendar Company, has perfected this appeal from a decision of the trial court to award the employee, Alma Joyce Hayes, 2% permanent partial disability benefits to each arm. The employer insists the employee's injury was not work-related and that the claim was not filed within the one year statute of limitations period. The employee contends the award is not adequate and should be increased. Alma Joyce Hayes began working for School Calendar Company in 1988 and was employed as a proofreader. She testified her duties required her to use her hands and wrists repetitively. She first began experiencing problems with her hands and arms during July, 1994, thinking her condition was due to arthritis. She continued working until about February 17, 1995, when she was laid-off due to a reduction in the company's workload. While on lay-off status, she decided to see a doctor about her condition. On about June 28, 1995, Dr. Hovis examined her and told her she had bilateral carpal tunnel syndrome and that he was of the opinion her condition was work-related. She immediately notified her employer and a company representative told her the company did not feel responsible for her condition since she no longer worked for them. This suit for workers' compensation benefits was filed on August 3, 1995. Dr. Hovis performed surgery on the right hand on August 4, 1995, and surgery on the left hand on August 11, 1995. The circuit judge was faced with conflicting evidence on the causation question. The only expert medical testimony was presented by deposition from two orthopedic surgeons, Dr. William M. Hovis and Dr. M.J. Gutch. Dr. Hovis originally was of the opinion her condition was the result of her work duties based upon the history given. He later changed his opinion when he was shown a videotape depicting the nature and type of work she usually performed. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. William L. Jenkins, |
Knox County | Workers Compensation Panel | 08/13/97 |