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| Richard D. Roberts v. Goodyear Tire & Rubber Co.
02S01-9607-CV-00066
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. The employer, Goodyear, contends the evidence preponderates against the trial court's findings that (1) the employee or claimant, Roberts, did not knowingly and willfully misrepresent his physical condition in an employment application, (2) the claimant suffered a compensable injury by accident and (3) the claimant retains a twenty percent permanent partial disability of twenty percent to the body as a whole. As discussed below, the panel has concluded the judgment should be affirmed. From 197 until April, 1988, the claimant was employed by another employer, Carborundum, as an electrician. In April, 1988, Carborundum ceased its operations. The out-of-work claimant applied to Goodyear for a job and, in March of 1989, was called to Goodyear regarding available jobs in its production department. After an interview, he was hired subject to a medical evaluation. He completed a medical evaluation form, including the medical history portion, then was examined by a physician, in accordance with the employer's standard practice. The claimant was approved for hiring on March 13, 1989. In completing the personal medical history portion of the medical evaluation form, the claimant checked "no" in response to the question which asked whether he had any "Disorder of the musculo-skeletal system -- back trouble, knee trouble, painful or swollen joints, bone fracture, gout, arthritis, amputations, etc.?" In response to another question, however, he noted a previous broken hip and repair to his urethra during a previous injury at Carborundum, for which he asserted a claim for workers' compensation benefits in 1976. After that injury and surgery, the claimant complained from time to time about low back pain. In the pre-employment physical examination, the physician reviewed the claimant's personal medical history and questioned him regarding the broken hip and urethra repair, but did not ask about any back pain associated with the injury. None was related. The physician then conducted a physical examination of the claimant and approved him for work with no restrictions. The claimant was assigned to the production department. On April 7, 1989, while at work and changing a roll weighing approximately 12 pounds, the claimant injured his back. The injury was diagnosed as a ruptured disc and treated with open surgery. The operating surgeon assigned an eleven percent permanent whole person impairment, from appropriate guidelines. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. W. Michael Maloan, |
Obion County | Workers Compensation Panel | 01/23/97 | |
| Rhonda May v. Great Central Insurance Company
02S01-9606-CV-00060
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's insurer contends the award of permanent partial disability benefits based on forty percent to the body as a whole is excessive. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, May, is thirty years old and has a tenth grade education. She has no vocational training. She has worked in garment production and as a cashier and stocker for Save-A-Lot, the employer. On March 3, 1994, she felt a sharp pain in her lower back while lifting a pallet of flour at work. She has seen several doctors and received conservative care. Diagnostic tests revealed a herniated disc in her lower back, superimposed on pre-existing degenerative lumbosacral joint disease. She is overweight and has carpal tunnel syndrome, also pre-existing. One of the doctors assigned her a wholeperson permanent medical impairment rating of ten percent, using appropriate guidelines. The claimant returned to work on September 19, 1994 at the same wage she was receiving before the injury, but was medically restricted from lifting anything weighing more than twenty pounds, from standing more than forty-five minutes to one hour without a five to ten minute break, or from sitting more than forty-five minutes to one hour without a five to ten minute break. She was assigned to the meat department, where her work required her to exceed those limitations. She quit on October 3, 1994. She is presently working as a cashier for another food store, at a lower wage. The trial court awarded permanent partial disability benefits based on forty 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, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Humphrey v. David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). For injuries arising after August 1, 1992, in cases where an injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Rhonda May, |
Benton County | Workers Compensation Panel | 01/23/97 | |
| Janet Carter v. Phoenix Restaurant Group of Tennessee, Inc., et al.
03S01-9602-CH-00013
This workers' compensation appeal has been referred to the Special W orkers' 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 was seriously injured in a traffic crash on September 11, 1991. She settled her tort claim and proceeded to trial of this workers' compensation case which resulted in a finding that the `special errand' exception was applicable and that as a result of the accident and injuries she was 6 percent partially, permanently disabled and thus entitled to $183.34 per week during 24 weeks, temporary total benefits during 156 weeks, and medical expenses of $83,245.91. In accordance with TENN. CODE ANN. _5-6-112(c), the defendant was credited with $1,., the amount of the tort settlement, which the plaintiff insists was only partially subrogable. Both parties appeal. The employer insists that because the traffic crash was not job-related, the plaintiff failed to prove her case. The plaintiff insists that because the employer did not recognize the compensability of her claim, and because she was not made whole by the third-party settlement, the full amount thereof should not have been subrogable. The plaintiff further insists that her attorney should have been awarded a fee "out of the third-party settlement fund." She also presents for review the issues of whether a finding of 6 percent permanent partial disability is adequate, and whether certain discretionary costs should have been allowed. I The facts are not in material dispute. The plaintiff, age 31, completed the eighth grade. She had worked in restaurants most of her adult life, and on July 1, 1991 was employed by Wendy's as an assistant manager trainee assigned to work at the North Roan location in Johnson City after a six-week stint in Kingsport. On September 1, 1991, a supervisor came to the North Roan location and announced that on the following day in Kingsport all of the North Roan employees, including the plaintiff, would be given a test which was mandatory. The plaintiff advised her supervisor that September 11 was her day off; the supervisor replied that this did not matter, "that everybody had to be there and would be paid for their time there." 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Richard E. Ladd |
Carter County | Workers Compensation Panel | 01/23/97 | |
| 03C01-9504-CR-00128
03C01-9504-CR-00128
|
Hawkins County | Court of Criminal Appeals | 01/22/97 | |
| 03C01-9601-CR-00020
03C01-9601-CR-00020
|
Knox County | Court of Criminal Appeals | 01/22/97 | |
| Robert Taylor vs. State
02C01-9701-CC-00019
|
Lake County | Court of Criminal Appeals | 01/22/97 | |
| 03C01-9602-CC-00073
03C01-9602-CC-00073
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 01/22/97 | |
| Jimmy McCurry vs. State
02C01-9701-CC-00020
|
Lake County | Court of Criminal Appeals | 01/22/97 | |
| Keryn Hickerson v. Jerry Finchum - Concurring
02A01-9511-JV-00249
This appeal concerns whether the appellant, Jerry Finchum (“Finchum” or “Father”), should be legally required to pay retroactive child support for his child, Elizabeth Jane Hickerson, born February 16, 1983 to the appellee, Karen Hickerson (“Hickerson” or “Mother”). The juvenile court awarded such support, in the amount of $31,080, and Finchum has appealed. For reasons set forth below, we affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge A. V. Mcdowell |
Shelby County | Court of Appeals | 01/22/97 | |
| 03C01-9603-CC-00131
03C01-9603-CC-00131
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 01/22/97 | |
| 03C01-9506-CR-00171
03C01-9506-CR-00171
|
Knox County | Court of Criminal Appeals | 01/22/97 | |
| 03C01-9607-CC-00266
03C01-9607-CC-00266
Originating Judge:Ben W. Hooper, II |
Jefferson County | Court of Criminal Appeals | 01/22/97 | |
| 03C01-9602-CC-00054
03C01-9602-CC-00054
|
Greene County | Court of Criminal Appeals | 01/22/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:J. Kenneth Porter |
Cocke County | Court of Criminal Appeals | 01/21/97 | |
| M1997-00277-SC-OT-CV
M1997-00277-SC-OT-CV
|
Supreme Court | 01/21/97 | ||
| State vs. Marvin Mathews
02C01-9701-CC-00024
|
Lauderdale County | Court of Criminal Appeals | 01/17/97 | |
| 01A01-9607-CV-00317
01A01-9607-CV-00317
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 | |
| 01A01-9607-CV-00328
01A01-9607-CV-00328
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 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 | |
| State of Tennessee, v. John Guinn
02A01-9607-CV-00152
This is a juvenile delinquency proceeding. Defendant, John Guinn, appeals from the order of the Circuit Court of Shelby County on a jury verdict finding defendant guilty of committing the delinquent act of attempt to commit murder in the second degree.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge D'Army Bailey |
Shelby County | Court of Appeals | 01/17/97 | |
| 01A01-9601-GS-00021
01A01-9601-GS-00021
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 01/17/97 |