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| 01C01-9510-CC-00342
01C01-9510-CC-00342
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/30/96 | |
| 01C01-9512-CC-00420
01C01-9512-CC-00420
Originating Judge:Henry Denmark Bell |
Hickman County | Court of Criminal Appeals | 09/30/96 | |
| 01C01-9507-CC-00242
01C01-9507-CC-00242
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/30/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 09/30/96 | ||
| 02C01-9506-CC-00170
02C01-9506-CC-00170
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 09/30/96 | |
| 01C01-9510-CC-00342
01C01-9510-CC-00342
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9607-CR-00213
02C01-9607-CR-00213
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9403-CC-00044
02C01-9403-CC-00044
|
Henderson County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9508-CC-00248
02C01-9508-CC-00248
|
Hardin County | Court of Criminal Appeals | 09/30/96 | |
| 01C01-9507-CC-00242
01C01-9507-CC-00242
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 09/30/96 | |
| Gary W. Hardin v. Great Rivers Employment Aptitude and Technical Service, Inc., et al
02S01-9603-CH-00028
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. In this appeal, the employer contends that no notice was given by the employee. The panel concludes the judgment should be affirmed as modified. On January 16, 1995, Plaintiff began working at Young Radiator Company as a welder. (T.T. at 16). Plaintiff testified that after he had been working for a period of three weeks, he experienced pain and numbness in his left hand. (T.T. at 17-18). Plaintiff went to see Dr. Charles White of his own accord on February 6, 1995, and paid for the visit through TennCare. (T.T. at 5, 18, 51). Plaintiff testified that he continued to have pain and numbness in his hand and saw Dr. John Phillips on February 22, 1995. (T.T. at 22). Dr. Neblett first saw Plaintiff on February 27, 1995. (Neblett Depo. at 3). Following Dr. Neblett's evaluation, Plaintiff elected to have carpal tunnel release surgery, which was performed on March 9, 1995. (Neblett Depo. at 5-6). The Plaintiff testified that the pain started when he banged on metal and this was what he told his doctors. (T.T. at 61). He further testified, ". . . (b)ut I told them that I didn't know exactly, you know, if that was the cause or not, because I didn't know because I'm not a doctor." (T.T. at 61). Casual connection between the injury and work was related to the employee on March 31, 1995 by Dr. Neblett. (T.R. at 58). Written notice was provided to the employer on April 5, 1995. This panel finds that notice was given within thirty (3) days of knowledge of his injury pursuant to T.C.A. _ 5-6-21 and this case should be affirmed on this issue.
Authoring Judge: Special Judge Billy Joe White
Originating Judge:Hon. Joe E. Morris, |
Hardin County | Workers Compensation Panel | 09/30/96 | |
| Cooksey vs. Shelley
01A01-9708-CV-00378
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 09/30/96 | |
| 02C01-9503-CC-00256
02C01-9503-CC-00256
|
Court of Criminal Appeals | 09/30/96 | ||
| 02C01-9601-CC-00028
02C01-9601-CC-00028
|
Obion County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9506-CC-00172
02C01-9506-CC-00172
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9509-CC-00281
02C01-9509-CC-00281
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9505-CC-00147
02C01-9505-CC-00147
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/30/96 | |
| Gary W. Hardin v. Great Rivers Employment Aptitude and Technical Service, Inc., et al
02S01-9603-CH-00028
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. In this appeal, the employer contends that no notice was given by the employee. The panel concludes the judgment should be affirmed as modified. On January 16, 1995, Plaintiff began working at Young Radiator Company as a welder. (T.T. at 16). Plaintiff testified that after he had been working for a period of three weeks, he experienced pain and numbness in his left hand. (T.T. at 17-18). Plaintiff went to see Dr. Charles White of his own accord on February 6, 1995, and paid for the visit through TennCare. (T.T. at 5, 18, 51). Plaintiff testified that he continued to have pain and numbness in his hand and saw Dr. John Phillips on February 22, 1995. (T.T. at 22). Dr. Neblett first saw Plaintiff on February 27, 1995. (Neblett Depo. at 3). Following Dr. Neblett's evaluation, Plaintiff elected to have carpal tunnel release surgery, which was performed on March 9, 1995. (Neblett Depo. at 5-6). The Plaintiff testified that the pain started when he banged on metal and this was what he told his doctors. (T.T. at 61). He further testified, ". . . (b)ut I told them that I didn't know exactly, you know, if that was the cause or not, because I didn't know because I'm not a doctor." (T.T. at 61). Casual connection between the injury and work was related to the employee on March 31, 1995 by Dr. Neblett. (T.R. at 58). Written notice was provided to the employer on April 5, 1995. This panel finds that notice was given within thirty (3) days of knowledge of his injury pursuant to T.C.A. _ 5-6-21 and this case should be affirmed on this issue.
Authoring Judge: Special Judge Billy Joe White
Originating Judge:Hon. Joe E. Morris, |
Hardin County | Workers Compensation Panel | 09/30/96 | |
| Kenneth Fuller v. Liberty Mutual Insurance Company, Madison Industries, Inc. and Sue Ann Head, Director of The Division of Workers Compensation, Tennessee Department of Labor
02S01-9508-CV-00076
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, Fuller, contends "the trial court erred in limiting his permanent total disability award to a maximum total benefit of one hundred forty-two thousand, three hundred eighty-eight dollars ($142,388.), as opposed to ordering lifetime benefits pursuant to Tenn. Code Ann. 5-6-27(4)(A), when the employee was found to be totally disabled." The Second Injury Fund (the Fund) contends the evidence preponderates against the trial court's finding that the claimant is permanently and totally disabled as a result of a work-related injury by accident. The panel concludes the judgment should be modified as provided herein. The claimant has three infirmities. He has a pre-existing avascular necrosis, which was surgically treated and from which he rehabilitated himself and worked for the employer, Madison Industries; he has carpal tunnel syndrome, which he gradually developed from repetitive use of his hands at Madison Industries; and he has Raynaud's disease or mixed connective tissue disorder, vasculitis, unrelated to any on-the-job injury. At the time of the trial, the claimant was thirty-seven years old and had a high school education and a drafting diploma. His working history includes bagging groceries, stocking shelves, operating machines, driving forklifts and production work, as well as drafting. In 1985, Dr. James Warmbrod, an orthopedic surgeon, performed hip surgery on the claimant's hips for bilateral avascular necrosis, secondary to chronic alcoholism. The same doctor performed bilateral carpal tunnel release surgery on the claimant in 1993, after the claimant developed bilateral carpal tunnel syndrome from his work for the employer. Dr. Warmbrod assigned ten percent permanent impairment to both arms and suggested that the claimant be limited to light, sedentary work and not do repetitive work with his hands. The doctor also suggested that, because of the claimant's vasculitis in both arms, which was diagnosed after he developed carpal tunnel syndrome, that he should work in a warm environment. Dr. Robert Winston, an internist, conducted an independent medical examination on June 21, 1994, after vasculitis had been diagnosed, and concluded that the claimant was permanently and totally disabled. The doctor assigned twelve to fifteen percent permanent impairment to each upper extremity and forty percent to the pre-existing hip condition. The trial court found the claimant to be permanently and totally disabled as a result of all three infirmities and awarded benefits accordingly, not to exceed $142,388., the maximum disability award allowable under the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Whit Lafon, |
Madison County | Workers Compensation Panel | 09/30/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 09/30/96 | ||
| 01C01-9512-CR-00399
01C01-9512-CR-00399
|
Sumner County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9505-CC-00147
02C01-9505-CC-00147
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9509-CC-00262
02C01-9509-CC-00262
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 09/30/96 | |
| 02C01-9503-CC-00065
02C01-9503-CC-00065
|
Court of Criminal Appeals | 09/30/96 | ||
| 01C01-9506-CR-00184
01C01-9506-CR-00184
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/96 |