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| 01A01-9601-CV-00012
01A01-9601-CV-00012
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/28/96 | |
| 01A01-9504-BC-00165
01A01-9504-BC-00165
Originating Judge:Samuel L. Lewis |
Court of Appeals | 08/28/96 | ||
| Sandra Whitehead v. Express Services, Inc.
02S01-9511-CH-00118
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 employer, Express Services, contends the trial court's award of permanent partial disability benefits on the basis of eighty percent permanent partial disability to the left arm is excessive. The panel has concluded that the award should be modified to provide permanent partial disability benefits on the basis of fifty percent to the left arm. At the time of the trial, the claimant, Sandra Whitehead, was thirty- five years old and had a GED. She has worked on an assembly line and as a sewing machine operator. She began working for the employer as a temporary employee on June 22, 1994. On July 1, 1994, she accidentally cut her left wrist while opening boxes with a box cutter. She was first referred to Dr. Charles Stewart, who diagnosed a laceration of the left wrist. He sutured the laceration, but later referred her to Dr. Anthony Segal, a neurosurgeon, when she continued to complain. Dr. Segal conducted nerveconduction studies and found mild nerve damage and possible reflex dystrophy. Dr. Segal testified by deposition but assigned no permanent impairment. The claimant went toDr. James Varner, an orthopedic surgeon. Dr. Varner diagnosed a partial sensory nerve laceration of the median nerve and reflex dystrophy syndrome. He treated her condition with medication, physical therapy and a stellate block, and assessed a permanent anatomical impairment of fifteen percent to the left arm. The doctor advised her to avoid repetitive use of the left arm, but said she could perform jobs that did not require such repetitive use. He said she was not impaired from pronating and supinating her wrist. A physical therapist testified that functional capacity evaluation tests were invalid because the claimant refused to exert maximum effort. The claimant testified that her arm stays cold all the time and that she is unable to perform household chores such as twisting caps from jars and opening doors. The trial court awarded permanent partial disability benefits on the basis of eighty percent to the left arm. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dewey C. Whitenton |
White County | Workers Compensation Panel | 08/28/96 | |
| 01A01-9605-PB-00221
01A01-9605-PB-00221
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Appeals | 08/28/96 | |
| 01A01-9603-CV-00096
01A01-9603-CV-00096
Originating Judge:H. Denmark Bell |
Court of Appeals | 08/28/96 | ||
| Joe Boatman v. Ww of Memphis, Inc.
02S01-9508-CV-00065
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. James E. Swearengen |
Shelby County | Workers Compensation Panel | 08/28/96 | |
| 02C01-9601-CR-00033
02C01-9601-CR-00033
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/28/96 | |
| 01A01-9508-CH-00381
01A01-9508-CH-00381
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/28/96 | |
| 01A01-9603-JV-00090
01A01-9603-JV-00090
Originating Judge:Lee A. England |
Lawrence County | Court of Appeals | 08/28/96 | |
| 01A01-9603-PB-00092
01A01-9603-PB-00092
Originating Judge:James R. Everett |
Davidson County | Court of Appeals | 08/28/96 | |
| 01A01-9601-BC-00049
01A01-9601-BC-00049
Originating Judge:Ben H. Cantrell |
Court of Appeals | 08/28/96 | ||
| Jimmy Mccarver v. Tecumseh Products Company
02S01-9512-CV-00124
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 employer, Tecumseh, contends that the evidence preponderates against the trial court's finding that the employee's disability arose out of the employment. The panel agrees. On October 1, 1993, the employee or claimant, McCarver, while working for the employer, bumped his leg against a metal container and felt immediate pain. He was referred to a doctor, who diagnosed a bruised leg and arthritis. When the pain persisted, the claimant was referred to another doctor, who made a similar diagnosis. The claimant testified that he has difficulty standing, walking, squatting, sitting and sleeping that he did not have before the accident, and that he is no longer able to work. His condition interferes with his hunting and fishing. Doctors have determined that he has degenerative joint disease and synovitis of the left knee. There is no medical evidence that his condition is causally connected to the work-related accident of October 1, 1993. The trial court awarded permanent partial disability benefits on the basis of seventy-five percent to the left leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Unless admitted by the employer, the employee has the burden of proving, by competent evidence, every essential element of his claim. Mazanec v. Aetna Ins. Co., 491 S.W.2d 616 (Tenn. 1973). He must prove, among other things, that his injury arose out of his employment. In order to establish that an injury was one arising out of the employment, the cause of the injury must be proved. In all but the most obvious cases, causation may only be established by expert medical testimony. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991). In the present case, there simply is no medical evidence either that the accident at work caused the injury or that it aggravated a pre-existing condition, causing the disability. Moreover, the causal connection is not obvious from the circumstances. We therefore find that the evidence preponderates against any award of permanent disability benefits. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 08/28/96 | |
| 02A01-9503-CV-00036
02A01-9503-CV-00036
Originating Judge:Julian P. Guinn |
Carroll County | Supreme Court | 08/28/96 | |
| Jimmy Mccarver v. Tecumseh Products Company
02S01-9512-CV-00124
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 employer, Tecumseh, contends that the evidence preponderates against the trial court's finding that the employee's disability arose out of the employment. The panel agrees. On October 1, 1993, the employee or claimant, McCarver, while working for the employer, bumped his leg against a metal container and felt immediate pain. He was referred to a doctor, who diagnosed a bruised leg and arthritis. When the pain persisted, the claimant was referred to another doctor, who made a similar diagnosis. The claimant testified that he has difficulty standing, walking, squatting, sitting and sleeping that he did not have before the accident, and that he is no longer able to work. His condition interferes with his hunting and fishing. Doctors have determined that he has degenerative joint disease and synovitis of the left knee. There is no medical evidence that his condition is causally connected to the work-related accident of October 1, 1993. The trial court awarded permanent partial disability benefits on the basis of seventy-five percent to the left leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Unless admitted by the employer, the employee has the burden of proving, by competent evidence, every essential element of his claim. Mazanec v. Aetna Ins. Co., 491 S.W.2d 616 (Tenn. 1973). He must prove, among other things, that his injury arose out of his employment. In order to establish that an injury was one arising out of the employment, the cause of the injury must be proved. In all but the most obvious cases, causation may only be established by expert medical testimony. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991). In the present case, there simply is no medical evidence either that the accident at work caused the injury or that it aggravated a pre-existing condition, causing the disability. Moreover, the causal connection is not obvious from the circumstances. We therefore find that the evidence preponderates against any award of permanent disability benefits. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 08/28/96 | |
| 02A01-9507-CV-00159
02A01-9507-CV-00159
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/27/96 | |
| 03C01-9511-CR-00350
03C01-9511-CR-00350
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/27/96 | |
| 02A01-9508-CV-00194
02A01-9508-CV-00194
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 08/27/96 | |
| 03C01-9508-CC-00217
03C01-9508-CC-00217
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 08/27/96 | |
| 02A01-9508-CV-00168
02A01-9508-CV-00168
Originating Judge:Wyeth Chandler |
Shelby County | Court of Appeals | 08/27/96 | |
| 03A01-9603-CV-00082
03A01-9603-CV-00082
|
Hamilton County | Court of Appeals | 08/27/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
|
Shelby County | Court of Appeals | 08/27/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
McMinn County | Court of Appeals | 08/27/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
|
Shelby County | Court of Appeals | 08/27/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 08/27/96 | |
| 03C01-9509-CR-00273
03C01-9509-CR-00273
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/26/96 |