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| Leming vs. State
03C01-9603-CC-00119
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 04/22/97 | |
| 02A01-9609-CH-00226
02A01-9609-CH-00226
Originating Judge:William Michael Maloan |
Obion County | Court of Appeals | 04/22/97 | |
| Brady vs. State
03C01-9604-CR-00166
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 04/21/97 | |
| Lawson vs. Lear
03S01-9509-CV-00105
|
Supreme Court | 04/21/97 | ||
| Smallman v. Shelby
03S01-9607-CV-00079
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 below awarded plaintiff 17% permanent partial disability to each arm. Plaintiff appeals, arguing that the evidence preponderates in favor of a higher award. We affirm the judgment of the trial court. Plaintiff, who was 44 years of age at the time of the trial, has an eighth- grade education. Her previous work history has been mostly in factory assembly work. She has worked as an upholsterer of furniture for the defendant since 1984. She testified that her work requires her to pad the furniture and then cover it with fabric of some sort, which requires her to constantly pull the fabric and tack it into place with a staple gun. In the spring and summer of 1994, plaintiff began to notice some pain and swelling in her wrists and hands. She reported her problems to her employer in August and her employer referred her to Dr. Wayne L. McLemore, an orthopedic surgeon. Dr. McLemore diagnosed plaintiff with bilateral carpal tunnel syndrome related to her work activities. He attempted conservative treatment but that was unsuccessful. He then performed bilateral carpal tunnel releases with satisfactory results. He assigned plaintiff a four percent permanent impairment to each upper extremity. He testified that he did not impose any restrictions upon the plaintiff because he did not want to make it difficult for her to return to work. However, he opined that she did have some restrictions: she should avoid repetitive pulling and wrist-bending activities, heavy lifting and vibrating tools. After plaintiff returned to work in February 1995, she returned to him on July 25, 1995 with complaints of continued pain and swelling. He testified that he advised her to change her employment if it became a regular problem for her. Plaintiff's attorney referred her to Dr. Gilbert Hyde, also an orthopaedic surgeon, for an independent medical evaluation. He felt that she had continued 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben K. Wexler, |
Knox County | Workers Compensation Panel | 04/21/97 | |
| Mynatt vs. State
03C01-9606-CR-00218
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 04/21/97 | |
| Grooms vs. State
03C01-9603-CC-00136
Originating Judge:William R. Holt |
Cocke County | Court of Criminal Appeals | 04/21/97 | |
| State vs. William Whitt
02C01-9704-CC-00140
|
Lake County | Court of Criminal Appeals | 04/21/97 | |
| Terry L. Hicks vs. State
02S01-9607-CC-00063
|
Madison County | Supreme Court | 04/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 04/21/97 | |
| 03S01-9607-CV-00079
03S01-9607-CV-00079
|
Court of Criminal Appeals | 04/21/97 | ||
| Collins vs. Metro Gov't
01A01-9607-CV-00339
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 04/18/97 | |
| Robert Rayford vs. State
02C01-9701-CC-00011
Originating Judge:Joe G. Riley. Jr. |
Lauderdale County | Court of Criminal Appeals | 04/18/97 | |
| Mahler vs. Mahler
01A01-9507-CH-00303
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 04/18/97 | |
| Rickman, et. ux. vs. Molin, et. ux.
01A01-9609-CH-00412
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 04/18/97 | |
| Gilliam vs. Gilliam
01A01-9609-CV-00414
|
Davidson County | Court of Appeals | 04/18/97 | |
| Roy Rose vs. Tipton Co. Public Works Dept., et al
02A01-9608-CV-00189
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 04/18/97 | |
| Hand vs. Hand
01A01-9607-CH-00325
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 04/18/97 | |
| Harold E. Mooney v. Brecon Knitting Mills, et al
02S01-9610-CV-00094
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance 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 and its insurer contend the claimant's injury did not arise out of the employment and the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. The claimant, Mooney, is sixty-six years old and has three years of college and some vocational training. His primary vocation has been that of a traveling salesman. At the time of the accident, he was employed as regional sales manager for the employer and used his car to call on customers. On or about May 2, 1993, he was involved in an accident and received a blow to his chest. It is undisputed that he was on his employer's business at the time of the accident. A cardiologist diagnosed his injury as undiagnosed coronary artery disease exacerbated by chest wall trauma. When conservative care failed to produce the desired result, surgery was performed. The operating surgeon assigned a permanent impairment rating of from thirty to fifty percent and advised the claimant to retire. A vocational expert opined the claimant had a vocational opportunity decrease of ninety percent. He has not returned to work. The parties agreed to bifurcate the trial. After the first bifurcated trial, the trial judge found the claimant's injury to be compensable. After the second bifurcated trial, another trial judge awarded permanent partial disability benefits based on seventy-five percent to the body as a whole. 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 of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Under the Tennessee Workers' Compensation Law, injuries by accident arising out of and in the course of employment are compensable. Tenn. Code Ann. section 5-6-12(a)(5). An injury is compensable, even though the claimant may have been suffering from a serious pre-existing condition or disability, if a work-connected accident can be fairly said to be a contributing cause of such injury. An employer takes an employee as he is and assumes the risk of having a weakened condition aggravated or exacerbated by an injury which might not affect a normal person. Harlan v. McClellan, 572 S.W.2d 641 (Tenn. 1978). 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 04/17/97 | |
| Seals vs. State
03C01-9605-CC-00188
Originating Judge:Ben K. Wexler |
Hamblen County | Court of Criminal Appeals | 04/17/97 | |
| State vs. Rogers
03C01-9607-CR-00268
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 04/17/97 | |
| Anita Gardner v. World Color Press, Inc.
02S01-9609-CH-00081
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 to the Supreme Court of findings of fact and conclusions of law. The issue presented is whether the trial court erred in finding that the plaintiff sustained a 2 per cent (2%) permanent partial disability to both arms. The standard of review 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. R. App. P. 13(d); T.C.A. Section 5-6-225(e)(2). The panel finds that the evidence does not preponderate against the finding of the trial court and concludes that the judgment of the trial court should be affirmed. The employee, Anita Gardner, is thirty (3) years old and has a tenth (1th) grade education. She has obtained her GED and is currently enrolled in Dyersburg State Community College intending to become a nurse. She has worked for McDonalds Restaurant, Taco Casa Restaurant, Roseoco Gas Station and Doubleday Book Company. She went to work for World Color Press, Inc., in 1987. World Color Press prints, assembles and ships magazines. During much of her employment, she worked twelve (12) hours per day, seven (7) days a week. Her duties involved the use of her hands and wrists in a constant, fast paced, repetitive manner for long periods of time. In May of 1994, the plaintiff injured her left wrist (she is left handed), while using a manual banding device in the shipping department. In August of 1994, she began having trouble with her right wrist while working in the quality control 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Hon. Joe G. Riley, |
Dyer County | Workers Compensation Panel | 04/17/97 | |
| State vs. Riffey
03C01-9602-CC-00074
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 04/17/97 | |
| State vs. Buford
03C01-9603-CR-00096
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 04/17/97 | |
| Pamela Sue Higgins v. Angelica Corporation
02S01-9605-CV-00050
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 to the Supreme Court of findings of fact and conclusions of law. Defendant appeals from the trial court's award of 45 per cent (45%) permanent partial vocational disability of each arm, following surgery on each wrist for carpal tunnel syndrome. Defendant raises three (3) issues, that the plaintiff's injuries are not causually related to her employment and therefore, not compensable; that the plaintiff did not give proper notice as required by Tenn. Code Ann. section 5-6-21; and that the preponderance of the evidence does not support the trial judge's finding that the plaintiff suffered a 45 per cent (45%) permanent partial vocational disability to each arm. The panel has concluded that the judgment of the trial court should be affirmed. The employee, Ms. Pamela Sue Higgins, is thirty-eight (38) years old, quit school in the eighth (8th) grade, and she has performed sewing work for different manufacturers for twenty (2) years. Ms. Higgins began her employment with Angelica on January 14, 1991. Shortly after going to work for Angelica she was seen by Doctor James H. Thomas, a family practitioner, with the specific complaint that her right wrist had hurt for five (5) days. Approximately two and one-half (2 l/2) months later she returned to Doctor Thomas with the same complaint. Doctor Thomas soon concluded that her problem was carpal tunnel syndrome in nature and referred her to Doctor L. David Johnson, an orthopaedic surgeon, for treatment. After treating her conservatively, excluding other possible causes of her symptoms, and based upon electrodiagnostic studies performed by Doctor Ron Bingham, on May 13, 1991, Doctor Johnson diagnosed her as having moderate carpal tunnel syndrome on the right, and severe carpal tunnel syndrome on the left. Doctor Johnson subsequently performed carpal tunnel surgeries on both right and left wrists. She was also seen by Doctors Cohn and Cramer, and Pechacek, in consultation, in the process of eliminating other causes for her symptoms and confirming her diagnosis. Doctor 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Hon. C. Creed Mcginley |
Hardin County | Workers Compensation Panel | 04/17/97 |