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| John D. Baggett v. Firemen's Fund Insurance Company
01S01-9603-CH-00055
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 complaint alleges "[t]hat on or about the 22nd day of June, 1993, the Plaintiff, while operating a printing press, had his left thumb amputated when it became caught in the press." In point of fact, he suffered an "avulsive injury of the distal aspect of his thumb, just distal to the IP joint with nerve and vascular damage within the thumb proximal to the point of severance." The thumb fragment could not be re-attached and the amputation was surgically completed at the level of the interphalangeal joint, resulting in the loss of one-half of the thumb. The defendant admitted the material allegations of the complaint and essentially conceded that the plaintiff was entitled to recover benefits for the loss of a thumb. Notwithstanding that the complaint did not allege disability to the hand, the issue at trial was whether the injury so affected the hand as to justify an award for benefits thereto rather than for the loss of a scheduled member. The Chancellor limited benefits to the loss of the thumb; the employee appeals insisting that he is entitled to benefits for resultant partial permanent disability to his hand. The treating surgeon was Dr. Bruce Shack, a reconstructive specialist from the Vanderbilt Medical Center. He testified: Q. Now, Doctor, have you formed an opinion based upon a reasonable degree of medical certainty whether or not this injury Mr. Baggett suffered will result in any permanent impairment? A. Yes, sir, I have. Q. Will you tell the Court what that opinion is, sir. A. Well, this is a relatively straight forward type of case where the amputation through the interphalangeal joint of the thumb allows us to utilize the Guides that are set forth in the American Medical Association's Guides to the Evaluation of Permanent Impairment and basing Mr. Baggett's impairment on the loss of the thumb through the interphalangeal joint, I had rated him as 2 percent impairment of the hand. And, of course, that using the conversion tables equals an 18 percent impairment of the upper extremity and 11 percent impairment of the whole person. Q. Now, the injury to the thumb and hand as you've indicated, is that in anyway affected by the upper extremity? 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| Richard Thomas Johnson v. State of Tennessee
W2001-02373-CCA-R3-CD
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/19/96 | |
| James R. Rose and wife, Stella Kay Rose, v. Dennis R. Rice, Janice Rice and John Doe
02A01-9509-CV-00198
This is a negligence case involving the head-on collision of two vehicles. Appellants James
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Charles O. Mcpherson |
Henderson County | Court of Appeals | 12/19/96 | |
| William Valdez, & Miguel Pineda v. Lang Environmental
01S01-9605-CH-00085
This case is before the Court upon 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: Per Curiam
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9510-CH-00430
01A01-9510-CH-00430
Originating Judge:Robert S. Brandt |
Court of Appeals | 12/18/96 | ||
| 01A01-9603-CH-00140
01A01-9603-CH-00140
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 12/18/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Washington County | Court of Appeals | 12/18/96 | |
| 01A01-9604-PB-00163
01A01-9604-PB-00163
Originating Judge:Joe P. Binkley, Sr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9609-CH-00426
01A01-9609-CH-00426
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9605-CV-00230
01A01-9605-CV-00230
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 12/18/96 | |
| Fireman's Fund Insurance v. Taylor Barton Mills
03S01-9601-CH-00008
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 employee contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. On February 15, 1995, the employee or claimant, Mills, was working at his job as a machinist using a large lathe to bore a specifically sized hole into a fifty inch bull gear. After stopping the lathe to take a measurement, he accidentally - perhaps negligently - brushed against the lathe's starter button. The lathe started and the claimant's clothing was caught in the turning lathe. As a result, he was injured. Tests done at the University of Tennessee Medical Center shortly after the accident revealed a high level of cannaboid concentration from probable chronic use of marijuana. The claimant admits to being a chronic user of marijuana and had admittedly smoked two or three "joints" on the evening before the accident. Additionally, two witnesses testified that they thoughtthey saw him from some one hundred feet away, sharing a joint with another employee on the morning of the accident, before beginning work. The claimant and other employee denied it. The employer knew Mills was a heavy marijuana user and had fired him for thirty days on a previous occasion for "suspected" use of the substance, but re-hired him 3 days later at a higher rate of pay. An expert, without examining the claimant, opined from lab test results that marijuana intoxication was a possible contributing cause of his 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dennis H. Inman, |
Knox County | Workers Compensation Panel | 12/18/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9607-CV-00304
01A01-9607-CV-00304
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/18/96 | |
| Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24,
01A01-9603-CH-00140
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Court of Appeals | 12/18/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/17/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Loudon County | Court of Appeals | 12/17/96 | |
| State vs. Ervin
03C01-9707-CC-00311
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Blount County | Court of Criminal Appeals | 12/17/96 | |
| 03C01-9506-CC-00176
03C01-9506-CC-00176
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Marion County | Court of Appeals | 12/17/96 | |
| Patricia D. Woodward v. American General Life & Accident Insurance Company
03S01-9512-CV-00138
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 employee or claimant, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Thomas J. Seeley, Jr., |
Washington County | Workers Compensation Panel | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Loudon County | Court of Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 12/17/96 |