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| 01C01-9510-CC-00338
01C01-9510-CC-00338
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 10/29/96 | |
| 01C01-9509-CC-00297
01C01-9509-CC-00297
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 10/29/96 | |
| 02S01-9509-CH-00084
02S01-9509-CH-00084
|
Supreme Court | 10/28/96 | ||
| 02S01-9512-CV-00122
02S01-9512-CV-00122
Originating Judge:D'Army Bailey |
Shelby County | Supreme Court | 10/28/96 | |
| 01S01-9508-CH-00140
01S01-9508-CH-00140
|
Supreme Court | 10/28/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/25/96 | ||
| 01A01-9604-CV-00180
01A01-9604-CV-00180
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 10/25/96 | |
| 01A01-9604-CH-00177
01A01-9604-CH-00177
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/25/96 | |
| William O. Worley, Jr. v. Tecumseh Products Company
01S01-9509-CV-00160
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. In this case, the trial court awarded 45% permanent partial disability to the right arm. Defendant contends that the evidence does not support the percentage of disability awarded and requests that this court reduce and amend the judgment of the trial court accordingly. The Defendant also contends that the trial court erred in accrediting the testimony of Plaintiff's expert witness over the testimony of the treating physician. The final issue is whether the trial court erred in awarding discretionary costs for the deposition of Plaintiff's expert medical witness. The Defendant also raises the issue of whether the trial court erred in awarding a lump sum. As the benefits have now accrued, this issue is moot. On June 19, 1992, Plaintiff injured his right arm and wrist while working on a machine. Plaintiff is 48 years old and has a high school education. His work experience consists of working in the parts department, as a mechanic, as a tool and die worker, on a surveying crew, as a fire fighter, as a guard, and as a water pipeline repairer. Each of these jobs required heavy manual labor and the use of Plaintiff's arms and hands. Plaintiff had been employed at Tecumseh for approximately a year and a half when he sustained the injury. Dr. L. L. Carter, Jr. treated the Plaintiff after he was injured. Dr. Carter first examined Plaintiff on July 7, 1992. Dr. Carter testified, by deposition, that the nerve conduction tests showed elbow nerve and wrist nerve damage. Initially, Dr. Carter treated this condition conservatively, with a wrist splint, with no improvement. On August 31, 1992, Dr. Carter performed ulnar nerve decompression and submuscular transposition. At the same time, carpal tunnel release in the right hand and a nerve graft to the neuroma on the right wrist were performed. Three days later, Plaintiff was told to return to light work. Plaintiff was returned to regular work on December 15, 1992. Dr. Carter did not see Plaintiff again until January 8, 1993, at the request of
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Buddy D. Perry, |
Sequatchie County | Workers Compensation Panel | 10/25/96 | |
| Phillip L. Pyrdum v. Teledyne Systems Company Inc., Teledyne Lewisburg
01S01-9601-CH-00009
This worker's compensation appeal has been referred to the special worker's 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.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Tyrus H. Cobb |
Marshall County | Workers Compensation Panel | 10/25/96 | |
| 02A01-9508-CV-00185
02A01-9508-CV-00185
Originating Judge:John Franklin Murchison |
Madison County | Court of Appeals | 10/25/96 | |
| 02A01-9508-CV-00185
02A01-9508-CV-00185
Originating Judge:John Franklin Murchison |
Madison County | Court of Appeals | 10/25/96 | |
| Alva Marie Reynolds v. Wal-Mart Stores, Inc.
01S01-9509-CH-00172
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 findings of fact and conclusions of law to the Supreme Court. Alva Marie Reynolds, the plaintiff- employee, appeals the decision of the Coffee County Chancery Court denying her relief on her worker's compensation claim. On appeal, the sole issue is whether the trial court erred in finding that the plaintiff failed to carry the burden of proving that she sustained an injury arising out of her employment. The trial court found plaintiff 's injury was the result of a pre-existing idiopathic condition. On January 5, 1993, the plaintiff, who was at that time sixty-two years old, sustained an injury to her ankle when she fell at her place of employment, Wal- Mart. The plaintiff had worked at Wal-Mart in diverse capacities for eleven years before her accident, and at the time of her injury, she had been working in the fitting room area for a couple of years. In addition to monitoring the clothing which was brought in and out of the fitting room, she answered Wal-Mart's incoming calls, made announcements, and paged employees within the store. Regarding her fall, the plaintiff testified that, after being told to take a hurried break, she rushed out of the fitting room and fell at the point that the floor changed from carpet to tile. She testified that she had not previously experienced numbness in her legs nor had she ever fallen at work or home before this incident. The plaintiff worked the remainder of the day and did not see a doctor until the next day when her ankle was diagnosed as being broken. On cross-examination, the plaintiff acknowledged that in two depositions taken after the accident, she did not mention that she was in a hurry at the time that she fell. She explained that she did not remember this until later. However, in a deposition 2
Authoring Judge: Erry L. Smith, Special Judge
Originating Judge:Hon. John W. Rollins, Judge |
Coffee County | Workers Compensation Panel | 10/25/96 | |
| 01A01-9603-CV-00122
01A01-9603-CV-00122
Originating Judge:Bobby H. Capers |
Wilson County | Court of Appeals | 10/25/96 | |
| 01C01-9601-CC-00018
01C01-9601-CC-00018
|
Maury County | Court of Criminal Appeals | 10/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/24/96 | ||
| 03A01-9603-CH-00100
03A01-9603-CH-00100
Originating Judge:William H. Inman |
Court of Appeals | 10/24/96 | ||
| 01C01-9509-CC-00293
01C01-9509-CC-00293
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 10/24/96 | |
| 02A01-9603-CH-00055
02A01-9603-CH-00055
|
Shelby County | Court of Appeals | 10/24/96 | |
| 01C01-9312-CR-00439
01C01-9312-CR-00439
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 10/24/96 | |
| 03A01-9603-CH-00113
03A01-9603-CH-00113
Originating Judge:Inman |
Court of Appeals | 10/24/96 | ||
| 01C01-9511-CR-00397
01C01-9511-CR-00397
|
Davidson County | Court of Criminal Appeals | 10/24/96 | |
| Darla Holt v. National Union Fire Ins. Co.
03S01-9601-CV-00003
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 trial court awarded plaintiff 3% permanent partial disability to the body as a whole. Defendant challenges the permanency of the injury and the methodology used by the trial judge to reach his finding. We affirm the judgment of the trial court. Plaintiff, 28, has a GED and has been trained as a certified nursing technician. Most of her work experience has been in this area. She was involved in a car accident in 1988 which eventually led to a total right hip replacement in July 1992 due to avascular necrosis. Plaintiff injured her back lifting a patient on November 7, 1993. Plaintiff was treated by Dr. Boyd D. Matthews, a chiropractor, who testified in this case by deposition. He opined that plaintiff had central disc protrusions at L4- L5 and L5-S1 based upon his examination, plaintiff's complaints and the results of various imaging studies. He assigned plaintiff a permanent impairment rating of 33% to the body as a whole. He arrived at this impairment rating by rating various impairment factors and compiling them under the AMA Guides. Dr. Robert H. Haralson, III, an orthopedic surgeon, examined the plaintiff at the request of the defendant and testified by deposition. He opined that, although plaintiff certainly had a back injury, she did not retain any permanent impairment. He acknowledged that plaintiff had protruding discs at L4 and L5; however, he opined that they did not impinge on plaintiff's nerves and that they pre- existed her back injury, based on his review of CT scans taken before and after the work- related injury. The trial judge discredited the testimony of Dr. Boyd D. Matthews. With Dr. Matthew's testimony discredited, there was no medical testimony upon which to base a medical impairment finding. The trial judge, in his ruling, found, based upon 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. John A. Turnbull, |
Cumberland County | Workers Compensation Panel | 10/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamblen County | Court of Appeals | 10/23/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 10/23/96 |