Please enter some keywords to search.
| Brooks vs. Brooks
01A01-9607-CV-00312
Originating Judge:M. Shipley |
Davidson County | Court of Appeals | 02/26/97 | |
| Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Rutherford County | Workers Compensation Panel | 02/26/97 | |
| Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 02/26/97 | |
| State Farm & Casualty vs. Pickral, et. ux.
01A01-9609-CV-00409
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/26/97 | |
| Davis vs. Burson
01A01-9610-CH-00498
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/26/97 | |
| State vs. Robert Rayford
02C01-9702-CR-00079
|
Shelby County | Court of Criminal Appeals | 02/26/97 | |
| 01A01-9604-CH-00362
01A01-9604-CH-00362
Originating Judge:Samuel L. Lewis |
Court of Appeals | 02/26/97 | ||
| Jones vs. Jones
01A01-9607-CV-00346
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/26/97 | |
| Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:HON. ROBERT S. BRANDT |
Davidson County | Workers Compensation Panel | 02/26/97 | |
| Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.
Authoring Judge: W. Neil Thomas, III
Originating Judge:Jerri Bryant, Chancellor |
Knox County | Workers Compensation Panel | 02/25/97 | |
| Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/25/97 | |
| 03A01-9607-JV-00234
03A01-9607-JV-00234
|
Sullivan County | Court of Appeals | 02/25/97 | |
| 03A01-9608-CH-00247
03A01-9608-CH-00247
|
Hamilton County | Court of Appeals | 02/25/97 | |
| 03C01-9603-CC-00088
03C01-9603-CC-00088
|
Sullivan County | Court of Criminal Appeals | 02/25/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 02/25/97 | |
| 03C01-9506-CR-00160
03C01-9506-CR-00160
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 02/24/97 | |
| 03C01-9608-CC-00284
03C01-9608-CC-00284
|
Sevier County | Court of Criminal Appeals | 02/24/97 | |
| Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042
|
Supreme Court | 02/24/97 | ||
| Ulrich vs. Ulrich
01A01-9606-CV-00264
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 02/21/97 | |
| Frank Collier Auction & Realty Co. vs. Rice, et. al.
01A01-9608-CH-00384
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/21/97 | |
| Davis vs. TN. Dept. of Correction & Campbell
01A01-9610-CH-00487
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/21/97 | |
| Thomas R. Murrah v. Aetna Life and Casualty
02S01-9607-CV-00065
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/21/97 | |
| 01A01-9608-CH-00352
01A01-9608-CH-00352
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/21/97 | |
| Peggy J. Skaggs v. Preferred Risk Mutual Insurance Company
03S01-9603-CV-00029
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's insurer contends the evidence preponderates against the trial court's finding that the employee's fatal heart attack arose out of his employment. As discussed below, the panel has concluded the judgment should be affirmed. The claimant, Peggy Skaggs, is the widow of Charles R. Skaggs, deceased. At the time of his death, Mr. Skaggs was employed by the First Baptist Church of Morristown as Maintenance Supervisor. On August 8, 1994, following several hours of manual labor at the church, he developed severe neck pain and numbness and tingling in his hands and arms. Mrs. Skaggs, also a church employee, called an ambulance. He was taken to Ft. Sanders Hospital, where he died on August 1, 1994. According to the Death Certificate, death was caused by (1) heart attack, (2) coronary artery disease and (3) sudden cardiac death. The cause of the heart attack was confirmed by a medical doctor, who testified by deposition, "I believe the activity (he) engaged (in) may indeed have precipitated the onset of his myocardial infarction." The doctor conceded on cross-examination that undiagnosed pre-existing coronary artery disease may have been a contributing cause. The trial judge found the employee's heart attack to have been caused by physical exertion at work, thus compensable. 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). A heart attack is compensable, as an accidental injury, if it can be shown by competent evidence that the attack was precipitated by physical exertion or stress at work. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The key, it has been held, to the recovery or denial of benefits is whether the heart attack is precipitated by the physical activity and exertion of the employee's work. Wingert v. Government of Sumner County, 98 S.W.2d 921 (Tenn. 1995). Moreover, an employee's death or disability resulting from a heart attack is causally related to his employment and therefore compensable, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Hamblen County | Workers Compensation Panel | 02/21/97 | |
| Waste Management vs. South Central Bell
01A01-9504-CV-00182
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 02/21/97 |