Please enter some keywords to search.
| Michael Eugene Smith v. Goodyear Tire and Rubber Company
02S01-9603-CH-00037
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 employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. William Michael Maloan, |
Smith County | Workers Compensation Panel | 04/01/97 | |
| Everlyn Hicks v. Tennessee Dept. of Labor, et al
02S01-9607-CH-00067
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. The employee, Hicks, contends the evidence preponderates against the trial court's finding that she is less than permanently and totally disabled from her work-related accident and that the trial court erred in not applying Tenn. Code Ann. section 5-6-28(a). As discussed below, this panel concludes the trial court should be affirmed in both respects The employee or claimant is sixty-two years old and has an eighth grade education. She has worked for the employer, Harmon Automotive, since 1973. In 1983, she injured her hand at work and received an award of permanent partial disability benefits. Her present claim grows out of a second injury suffered by her on May 6, 1993, when she injured her back while lifting a box of mirror bases. As a result of this injury, she received back surgery and was released to return to light duty work in January of 1994. She did return to work in May of the same year, when light duty work became available. In the same month, she again injured her back. She testified that she is no longer able to work. She has settled with her employer and that settlement is not involved in this appeal. The chancellor found the claimant to be less than permanently and totally disabled and dismissed her claim against the Second Injury Fund. 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). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). 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). An employee who has previously become disabled from any cause and who, as a result of a later compensable injury, becomes permanently and totally disabled, may receive disability benefits from his or her employer only for the disability that would have resulted from the subsequent injury. Tenn. Code 5-6-28, Cameron v. Kite Painting Co., 86 S.W.2d 41 (Tenn. 1993). However, such employee may be entitled to recover the remainder of the benefits allowable for permanent total disability from the Second Injury Fund. Id. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dewey C. Whitenton, |
Hardeman County | Workers Compensation Panel | 04/01/97 | |
| 02A01-9604-CH-00071
02A01-9604-CH-00071
Originating Judge:Crowson |
Court of Appeals | 03/31/97 | ||
| 02A01-9605-CV-00105
02A01-9605-CV-00105
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 03/31/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Sullivan County | Court of Appeals | 03/31/97 | |
| 02A01-9606-CH-00134
02A01-9606-CH-00134
Originating Judge:John Walton West |
Decatur County | Court of Appeals | 03/31/97 | |
| 02C01-9508-CR-00224
02C01-9508-CR-00224
|
Shelby County | Court of Criminal Appeals | 03/31/97 | |
| El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 03/31/97 | |
| Turner vs. Turner
01A01-9506-CV-00255
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 03/27/97 | |
| 01C01-9601-CC-00038
01C01-9601-CC-00038
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 03/27/97 | |
| 02A01-9507-CV-00147
02A01-9507-CV-00147
Originating Judge:Chandler |
Shelby County | Court of Appeals | 03/27/97 | |
| 02C01-9603-CR-00070
02C01-9603-CR-00070
|
Shelby County | Court of Criminal Appeals | 03/27/97 | |
| 02A01-9507-CH-00144
02A01-9507-CH-00144
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 03/27/97 | |
| 02C01-9510-CR-00330
02C01-9510-CR-00330
|
Shelby County | Court of Criminal Appeals | 03/27/97 | |
| 03C01-9604-CR-00160
03C01-9604-CR-00160
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/27/97 | |
| Abou-Sakher vs. Humphreys Co, et. al.
01A01-9604-CH-00185
Originating Judge:Leonard W. Martin |
Humphreys County | Court of Appeals | 03/27/97 | |
| Flowers vs. Traughber
01A01-9609-CH-00392
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/27/97 | |
| 01C01-9603-CC-00096
01C01-9603-CC-00096
|
Dickson County | Court of Criminal Appeals | 03/27/97 | |
| 01A01-9603-CH-00138
01A01-9603-CH-00138
|
Court of Appeals | 03/27/97 | ||
| 01C01-9602-CC-00057
01C01-9602-CC-00057
|
Overton County | Court of Criminal Appeals | 03/27/97 | |
| 03C01-9606-CC-00216
03C01-9606-CC-00216
|
Sevier County | Court of Criminal Appeals | 03/27/97 | |
| Harmon vs. Dunn
01A01-9607-CH-00344
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 03/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Smith County | Court of Appeals | 03/27/97 | |
| 02C01-9601-CC-00006
02C01-9601-CC-00006
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 03/27/97 | |
| 01C01-9509-CR-00309
01C01-9509-CR-00309
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/27/97 |