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| Deborah Tuggle vs. Shelby Co. Government, et al
02A01-9606-CV-00147
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| 02C01-9509-CC-00259
02C01-9509-CC-00259
|
Lauderdale County | Court of Criminal Appeals | 05/20/97 | |
| Tommye Johnson vs. Edward Johnson, Sr.
02A01-9609-Cv-00217
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| State vs. Johnson
03C01-9606-CC-00214
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Beeler
03C01-9607-CC-00264
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Lowery
03C01-9604-CC-00146
Originating Judge:William R. Holt |
Jefferson County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Maurice Garner
02C01-9508-CR-00223
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
|
Davidson County | Supreme Court | 05/19/97 | |
| State vs. Christopher Prentiss
02C01-9604-CR-00112
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Teague
03C01-9601-CC-00027
|
Blount County | Court of Criminal Appeals | 05/19/97 | |
| Kite vs. Kite
03S01-9610-CH-00099
|
Supreme Court | 05/19/97 | ||
| 03C01-9311-CR-00363
03C01-9311-CR-00363
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| Stein vs. Davidson Hotel Company
01S01-9610-CV-00202
|
Davidson County | Supreme Court | 05/19/97 | |
| State vs. Nail
03C01-9406-CR-00197
Originating Judge:Paul A. Swafford |
Rhea County | Court of Criminal Appeals | 05/19/97 | |
| 01C01-9601-CR-00041
01C01-9601-CR-00041
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9603-CR-00084
01C01-9603-CR-00084
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.
01S01-9608-CH-00164
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 plaintiff, age 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Franklin County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9508-CR-00264
01C01-9508-CR-00264
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| Vowell Ventures vs. The City of Martin
02A01-9604-CH-00090
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 05/16/97 | |
| Nancy Olivieri vs. Paul Oliveri
02A01-9512-CV-00282
|
Court of Appeals | 05/16/97 | ||
| State vs. John Childress
02C01-9605-CC-00154
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9606-CC-00257
01C01-9606-CC-00257
|
DeKalb County | Court of Criminal Appeals | 05/16/97 | |
| Michael Siniard v. Saturn Corporation
01S01-9609-CV-00175
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 plaintiff, age 43, remains employed by Saturn Corporation, where he began in 199. He developed carpal tunnel syndrome in both wrists in 1994 and was provided with splints, medication, and access to physical therapy. In time the plaintiff was referred to Dr. James W iesman, an orthopedic surgeon, who performed a carpal tunnel release on his right hand. He returned to work for Saturn which assigned him a job not involving repetitive use of his hands. The plaintiff filed this complaint seeking benefits for a permanent partial disability occasioned by the asserted impairment caused by the carpal tunnel syndrome. The trial judge awarded benefits based on a finding of ten percent permanent partial disability to his right arm. The plaintiff appeals, insisting the award is inadequate for the reasons hereafter discussed. The treating physician testified that the release surgery was successful and that the plaintiff retained a two (2) percent impairment to his right arm. The plaintiff was referred by his attorney to Dr. David W. Gaw, also an orthopedic surgeon, for evaluation. Dr. Gaw saw the plaintiff only on one occasion. He conducted various tests and concluded that the plaintiff had a ten percent permanent partial impairment to his right arm. He disdained as unauthorized by the AMA Guides an evaluation of two (2) percent impairment as found by Dr. Wiesman. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff criticizes Dr. Wiesman for his alleged failure to use the AMA Guides. While Dr. Wiesman apparently was not enamored by the Guides, he testified that "I used those Guides," and that "I did the impairment rating based on 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Maury County | Workers Compensation Panel | 05/16/97 | |
| Herbert Earl Carter v. Itt Hartford
01S01-9606-CH-00111
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. |
Carter County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9401-CC-00017
01C01-9401-CC-00017
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 05/16/97 |