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| Mary L. Brents v. Batesville Casket Company, Inc. and Lumbermen's Mutual Company
01S01-9508-CV-00141
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeal Panel of the Supreme Court for hearing andreporting of findings of fact and conclusions of law. See Tenn. Code Ann. _ 5-6- 225(e)(3)(199). Appellant Mary L. Brents presents the following issues for review: (1) whether the trial court erred in finding that attorneys' fees for both accrued and future benefits could not be paid solely from the future benefits award and (2) whether the trial court erred in reducing the amount of her weekly benefit payments by twenty percent, thereby reflecting the advance, lump-sum payment of attorneys' fees. After a review of the record, We affirm the judgment of the trial court. I. FACTUAL BACKGROUND On February 13, 1992, Appellant filed a workers' compensation action against Batesville Casket Company. On March 14, 1994, following a hearing, the trial court found that Appellant was due a fifty-five percent permanent partial disability award for a work-related injury that occurred in October of 1991. The trial court indicated that, had proper notice been given, Appellant would have also been due a fifteen percent permanent partial disability for a work-related injury that occurred in March of 1992. On February 9, 1995, this Court affirmed the judgment of the trial court regarding the October, 1991, injury and reversed the judgment of the trial court regarding the March 1992 injury, modifying Appellant's award to include the additional fifteen percent permanent partial disability. On March 13, 1995, Appellant received three checks pursuant to the decision of this Court. These checks represented (1) payment for all then- accrued and outstandingincome benefits, totaling $16, 211.13, (2) payment for attorneys' fees 2
Authoring Judge: Jerry L. Smith, Special Judg
Originating Judge:Hon. John W . Rollins, Judge |
Coffee County | Workers Compensation Panel | 11/14/96 | |
| 03C01-9511-CC-00368
03C01-9511-CC-00368
|
Sullivan County | Court of Criminal Appeals | 11/14/96 | |
| 03C01-9510-CC-00334
03C01-9510-CC-00334
|
Sullivan County | Court of Criminal Appeals | 11/14/96 | |
| Clint Evard v. Saturn Corporation
01S01-9601-CV-00019
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 claimant contends that the trail court erred by averaging two permanent partial disability rating for two scheduled members. Claimant also contends that the final anatomical impairment award was inadequate. The panel concludes that the methodology utilized by the trial court in arriving at the percentage of permanent partial disability was proper; however, the panel is of the opinion the final award was inadequate. In accordance with T.C.A. 56-225(e), the standard of review in this case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings. It is the claimant's burden to show by a preponderance that the evidence is otherwise. The claimant developed bilateral carpal tunnel syndrome as a result of his work at Saturn where his job involves repetitive grasping of small metal clips which are place on a car door as it passes along the assembly line. When he began installing around 6, clips/ day, his hands began to swell so severely that on one occasion he could not tell that he had cut his hand. Subsequently, he was diagnosed with carpal tunnel syndrome and carpal tunnel release surgery was performed on his right wrist. The claimant filed this workers compensation lawsuit on February 27, l995. At trial in l995, the trial court awarded the claimant a l% permanent partial disability to his right arm and a 5% permanent partial disability to his left arm which at his compensation rate of $382.79 per week amounts to $14,354.3. The percentage disabilities were established by one of the claimant's doctors, Dr. Gaw. The claimant argues that the trial court erred in assessing a percentage of disability to each arm separately under T.C.A. 5-6-27(3)(A)(ii)(m) rather than as one scheduled injury under T.C.A. 2
Authoring Judge: Hamilton V. Gayden, Jr., Special Judge
Originating Judge:Hon. Jim T. Hamilton |
Maury County | Workers Compensation Panel | 11/14/96 | |
| 01A01-9511-CV-00503
01A01-9511-CV-00503
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 11/13/96 | |
| 01A01-9603-CH-00098
01A01-9603-CH-00098
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/13/96 | |
| 02A01-9507-CH-00146
02A01-9507-CH-00146
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 11/13/96 | |
| 01A01-9605-CH-00208
01A01-9605-CH-00208
Originating Judge:Leonard W. Martin |
Humphreys County | Court of Appeals | 11/13/96 | |
| 01A01-9510-CH-00450
01A01-9510-CH-00450
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/13/96 | |
| 01A01-9608-CH-00364
01A01-9608-CH-00364
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 11/13/96 | |
| 01A01-9604-CH-00152
01A01-9604-CH-00152
Originating Judge:Ellen Hobbs Lyle |
Wilson County | Court of Appeals | 11/13/96 | |
| 01A01-9605-GS-00237
01A01-9605-GS-00237
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 11/13/96 | |
| 01S01-9509-CR-00151
01S01-9509-CR-00151
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 11/12/96 | |
| 03A01-9604-CV-00153
03A01-9604-CV-00153
|
Court of Appeals | 11/12/96 | ||
| 01S01-9509-CR-00151
01S01-9509-CR-00151
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 11/12/96 | |
| 02C01-9505-CR-00146
02C01-9505-CR-00146
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 11/12/96 | |
| 03S01-9603-CV-00033
03S01-9603-CV-00033
|
Supreme Court | 11/12/96 | ||
| 02C01-9509-CR-00277
02C01-9509-CR-00277
|
Shelby County | Court of Criminal Appeals | 11/12/96 | |
| 02C01-9605-CR-00173
02C01-9605-CR-00173
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/12/96 | |
| 02C01-9411-CC-00245
02C01-9411-CC-00245
|
Dyer County | Court of Criminal Appeals | 11/12/96 | |
| 03A01-9602-JV-00043
03A01-9602-JV-00043
|
Claiborne County | Court of Appeals | 11/12/96 | |
| 01S01-9509-CR-00151
01S01-9509-CR-00151
Originating Judge:Seth W. Norman |
Davidson County | Supreme Court | 11/12/96 | |
| 03A01-9605-CH-00162
03A01-9605-CH-00162
|
Court of Appeals | 11/12/96 | ||
| 02A01-9607-CV-00156
02A01-9607-CV-00156
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 11/12/96 | |
| 02C01-9510-CC-00307
02C01-9510-CC-00307
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Criminal Appeals | 11/12/96 |