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| 01A01-9607-CV-00328
01A01-9607-CV-00328
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 01/17/97 | |
| Randy Wilson v. Eaton Corporation
01S01-9605-CH-00107
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 judge awarded the plaintiff 5% permanent partial disability to the right hand. He refused to award temporary total disability benefits because plaintiff had lost no wages during his period of temporary total disability. Appellant challenges the trial court's findings that plaintiff sustained a work- related injury by accident to his right thumb in August 1992, that plaintiff gave notice of such an injury and that this claim is not barred by the statute of limitations. Appellee challenges the trial court's refusal to award temporary total disability benefits. Appellee also argues that the appellant should be estopped from pleading the affirmative defenses relied upon for failure to show proper and timely filing of the required notice of controversy. We affirm the trial court's judgment. Plaintiff, 4 at the time of trial, has his high school diploma. He has worked primarily in factories; he also worked as a patrolman for two-and-a-half years. He has worked for the appellant since 1984. He now works as a gear lab technician, which requires lifting and grasping of parts ranging from 3 to 4 pounds apiece. In August 1992 he developed a knot on the outside of his thumb and began having stiffness and pain in his thumb and difficulty grasping objects. A few weeks later, a part overturned in his hand and "snapped [his] thumb out." Plaintiff testified that he reported his injury the next day, August 21, 1992, to the plant nurse. She asked him if he had ever hurt his thumb before, and he told her the only time he had ever hurt it before would have been in 1988 when he had fallen. He testified that the nurse told him that she thought his problem with his thumb had something to do with his 1988 fall. In the 1988 fall, plaintiff hit his left hand against a railing and strained three of his fingers on his left hand; he also jammed the thumb on his right hand, but there is no record of a complaint about the 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Tyrus H. Cobb, |
Wilson County | Workers Compensation Panel | 01/17/97 | |
| Martha Ann Boyd v. Lincoln Brass Works, Inc.
01S01-9604-CV-00062
Authoring Judge: Senior Judge William S. Russell
Originating Judge:Hon. WILLIAM B. CAIN, JUDGE |
Wayne County | Workers Compensation Panel | 01/17/97 | |
| Karen J. Baker v. Hca Health Services of Tn.
01S01-9605-CV-00098
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. Plaintiff sought benefits for an occupational disease. The trial court granted defendant's summary judgment based on TENN. CODE ANN. _ 5-6-36, finding that plaintiff failed to file her complaint within the one-year statute of limitations. We reverse the trial court's decision and remand the case to the trial court for a hearing on the merits. Plaintiff is a registered nurse who has worked for defendant for over twenty years. In the spring of 1992, while working as a post-anesthesia care unit (PACU) nurse, she began experiencing symptoms of what was diagnosed in the summer of 1992 as a sensitivity to latex. She was required to wear latex gloves and work around them daily, but because she wanted to continue to work, she tried, with the help of her employer, to avoid latex exposure at work. These efforts were unsuccessful, and she continued to have allergic reactions when she was near latex. Injury reports were filed by her supervisor on several occasions, including June 3, 1992, January 26, 1994 and March 31, 1994, when plaintiff had these allergic reactions to latex at work. On April 5, 1994, plaintiff's physician told her that she could no longer work as a PACU nurse because of her allergy to latex, which was becoming more severe, and because she could not avoid exposure with that job. In May, 1994, her employer placed her in a new position as admission assistant nurse, at the same wage, where she would not be in contact with latex. However, this position was eliminated In December, 1994 and she was then placed in an administrative position at a lower wage. Plaintiff filed her complaint on November 14, 1994. The trial court held: 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Barbara Haynes |
Davidson County | Workers Compensation Panel | 01/17/97 | |
| Premier Manufacturing, et al. v. Patricia Cothran
01S01-9605-CV-00102
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 of findings of fact and conclusions of law. The trial court found that the plaintiff failed to carry her burden of proving that she sustained a permanent disabling injury, a finding based upon assessing the credibility of the witnesses. Given the considerable deference we must give to the trial court's credibility determinations, McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995) and the presumption of correctness of the trial court's findings, Tenn. Code Ann. _ 5-6-225(e)(2), we affirm the trial court's decision. The plaintiff worked for Premier Manufacturing Support Services, Inc., a contractor at the Spring Hill Saturn automobile assembly plant. The company performed a variety of services for Saturn, including cleaning the interiors of buildings and maintaining the grounds. The plaintiff worked at several inside and outside jobs before she sought and received a job driving cars off the assembly line. On January 14, 1994, the car the plaintiff was driving backed into a light pole. She was taken to a Columbia hospital where she was treated and released. The company sent the plaintiff to Dr. Larry Laughlin, an orthopedic surgeon, who diagnosed her as having back and neck strain. He referred her to Pinnacle Rehabilitation for physical therapy. On the plaintiff's second visit to Laughlin, he conducted a test that indicated that the plaintiff was magnifying her symptoms. The finding of a MRI was normal. Pinnacle conducted a symptom magnification test on the plaintiff, and she scored a four out of five, which means positive for symptom magnification. Laughlin testified that he could not find any significant problems with the plaintiff and he found no permanent impairment. He placed no physical restrictions on her work. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. William B. Cain, |
Maury County | Workers Compensation Panel | 01/17/97 | |
| 01A01-9607-CV-00337
01A01-9607-CV-00337
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 01/17/97 | |
| 01C01-9602-CR-00071
01C01-9602-CR-00071
|
Sumner County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9601-CR-00045
01C01-9601-CR-00045
|
Sumner County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9604-CC-00138
01C01-9604-CC-00138
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9603-CC-00099
01C01-9603-CC-00099
|
Hickman County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9507-CC-00234
01C01-9507-CC-00234
|
Williamson County | Court of Criminal Appeals | 01/16/97 | |
| On April 29, 1993. See State v. Teresa M. King, No. 01C01-9204-Cr-00146 (Tenn. Crim.
01C01-9610-CR-00449
|
Davidson County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9510-CC-00326
01C01-9510-CC-00326
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9510-CR-00335
01C01-9510-CR-00335
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 01/16/97 | |
| 01C01-9411-CC-00378
01C01-9411-CC-00378
Originating Judge:William B. Cain |
Wayne County | Court of Criminal Appeals | 01/16/97 | |
| The Honorable Hamilton v. Gayden, Jr., Judge
01A01-9607-CV-00338
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 01/15/97 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
|
Court of Appeals | 01/15/97 | ||
| 01A01-9603-CH-00098
01A01-9603-CH-00098
|
Court of Appeals | 01/15/97 | ||
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Henry F. Todd |
Court of Appeals | 01/15/97 | ||
| 01A01-9606-CH-00278
01A01-9606-CH-00278
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/15/97 | |
| 01A01-9605-CH-00222
01A01-9605-CH-00222
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 01/15/97 | |
| 01A01-9608-BC-00359
01A01-9608-BC-00359
Originating Judge:William C. Koch |
Court of Appeals | 01/15/97 | ||
| 01A01-9606-CH-00256
01A01-9606-CH-00256
|
Court of Appeals | 01/15/97 | ||
| 01A01-9607-CV-00334
01A01-9607-CV-00334
Originating Judge:Bobby H. Capers |
Macon County | Court of Appeals | 01/15/97 | |
| 01A01-9606-CH-00279
01A01-9606-CH-00279
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 01/15/97 |