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| Jack v. Delany
02S01-9608-CH-00073
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 to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer questions the award of permanent partial disability benefits as being excessive. As discussed below, the panel has concluded the judgment should be modified. The employee, Scott, is forty-seven (47) years old, and has an eighth (8th) grade education. He has farmed and worked at a cotton gin. He has no specialized skills or training. He has an I.Q. of sixty-five (65) and a severe speech impediment. He worked for the defendant employer for twenty-two (22) years. During the course of his employment, he has performed various jobs and was operating a scrubber at the time of his injury. The employee was injured at work on June 4, 1994, when he was getting off of the scrubber and fell. He testified that he hurt his neck, back, and left shoulder. He was first seen by Doctor Michael Heck, who prescribed medication and returned him to work on light duty. He was then seen by Doctor Stewart, who returned him to regular duty with the defendant. Doctor Riley Jones treated the plaintiff and opined that he had a 1 per cent (1%) anatomical impairment to the left upper extremity. Dr. Jones gave him no impairment rating for his back and sent him back to regular duty. Dr. Robert Paul Christopher saw the plaintiff on July 24, 1995, for an independent medical evaluation. He opined that the plaintiff had a 1 per cent (1%) impairment to the left upper extremity, a 6 per cent (6%) impairment as a result of injury to the cervical spine, translating to a combined rating of 12 per cent (12%) to the body as a whole. 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Hon. J. Steven Stafford, |
Scott County | Workers Compensation Panel | 04/17/97 | |
| Roberts vs. Lowe
03A01-9610-CC-00333
Originating Judge:Arden L. Hill |
Johnson County | Court of Appeals | 04/16/97 | |
| 02A01-9510-CV-00240
02A01-9510-CV-00240
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 04/16/97 | |
| El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
|
Court of Appeals | 04/16/97 | ||
| Brian Grant vs. Tonya Grant
02A01-9603-CV-00053
Originating Judge:Wyeth Chandler |
Court of Appeals | 04/16/97 | ||
| 03C01-9601-CC-00016
03C01-9601-CC-00016
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 04/16/97 | |
| State vs. John F. Wolard
01C01-9612-CC-00532
|
Montgomery County | Court of Criminal Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 04/16/97 | |
| 01A01-9508-CV-00377
01A01-9508-CV-00377
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 04/16/97 | |
| Gloria Gilliland vs. Gary Stanley
02A01-9603-GS-00056
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamblen County | Court of Appeals | 04/16/97 | |
| State., ex. rel., vs. United Physicians Ins.
01A01-9610-CH-00449
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/16/97 | |
| 01A01-9610-JV-00493
01A01-9610-JV-00493
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 04/16/97 | |
| State vs. Theodore Howard
02C01-9508-CR-00237
|
Shelby County | Court of Criminal Appeals | 04/11/97 | |
| Draper vs. Reaver, et. al.
01A01-9609-CV-00394
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 04/11/97 | |
| Hymel vs. Hymel
01A01-9703-CV-00136
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/11/97 | |
| Warren, et. vir vs. Metro Gov't., et. al.
01A01-9606-CV-00277
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 04/11/97 | |
| Bryant vs. TN. Dept. of Safety
01A01-9509-CH-00398
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/11/97 | |
| Sliger vs. Stokes, et. al.
01A01-9609-CH-00403
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 04/11/97 | |
| Cashion vs. Robertson
01A01-9506-CH-00257
Originating Judge:Ben H. Cantrell |
Court of Appeals | 04/11/97 | ||
| Clemmye Berger vs. Marvin Ratner, et al
02A01-9604-CV-00077
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 04/11/97 | |
| Mcpherson vs. Stokes, et. al.
01A01-9505-CH-00216
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 04/11/97 | |
| 03C01-9508-CC-00247
03C01-9508-CC-00247
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 04/10/97 | |
| 03C01-9601-CR-00019
03C01-9601-CR-00019
|
Knox County | Court of Criminal Appeals | 04/10/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Shelby County | Court of Appeals | 04/10/97 |