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| Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-
02C01-9612-CC-00464
|
Lake County | Court of Criminal Appeals | 06/20/96 | |
| Betty Jo Cleghorn v. Suburban Home Health, Inc.
01S01-9510-CH-00178
This workers' compensation appeal has been referred to the Special 1 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 trial court held that the plaintiff had not met her burden of proving that she sustained a permanent vocational disability as a result of her work-related injury. Plaintiff appeals, asserting that the evidence does not support the trial court's judgment. We affirm the judgment of the trial court. No transcript of the evidence was filed. The evidence available for our review consists of the medical depositions offered in the trial court and their attendant exhibits. The medical evidence, taken as a whole, supports the judgment of the trial court. Our standard of review is de novo on the record accompanied by the presumption that the findings of fact by the trial court are correct. TENN. CODE ANN. _ 5-6-225(e)(2) Where no transcript of the evidence is filed, the appellate courts will conclusively presume that every fact admissible under the pleadings was found in favor of the appellee. Wilson v. Hafley, 189 Tenn. 598, 226 S.W.2d 38, 311 (1949); Hollingsworth v. Safeco Ins. Cos., 782 S.W.2d 477, 479 (Tenn. App. 1989). Upon the record in this case, we can only find that the evidence does not preponderate against the judgment of the trial court. We affirm the judgment and the costs are taxed to the plaintiff/appellant. We remand the case to the trial court. John K. Byers, Senior Judge CONCUR: 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon.Claudia C. Bonnyman, |
Davidson County | Workers Compensation Panel | 06/20/96 | |
| Kathy Shrum v. Insurance Company of The State of Pennsylvania
01S01-9511-CH-00205
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. This appeal by Defendant, Insurance Company of the State of Pennsylvania, has resulted from the action of the trial court in authorizing the employee to seek treatment from a physician not designated by the employer. The dispute has arisen after the parties reached a settlement of all issues, and it relates to post- judgment treatment of plaintiff, Kathy Shrum. During February, 1995, an order of compromise and settlement was entered stating the employee was to receive an award of permanent disability benefits based on a 4.17% disability to the body as a whole. The order recited plaintiff was to remain under the care of Dr. Dave A. Alexander, an orthopedic surgeon, who had performed surgery on plaintiff and who was her treating physician for carpal tunnel syndrome injuries. Dr. Alexander had been designated along with two other surgeons by the Defendant as medical care providers pursuant to our statute. After providing for the furnishing of future medical expenses, the order recited The parties specifically recognize that defendant has not accepted as compensable and will not pay medical benefits related to any condition other than plaintiff's alleged bilateral carpal tunnel syndrome in light of the fact that there is medical proof which suggests that plaintiff suffers from a congenital condition known as cervical ribs which might be responsible for some of plaintiff's current symptomatology. On May 19, 1995, plaintiff filed a motion reciting she had not been receiving satisfactory medical attention and requested the court to choose an independent physician to treat her or to allow plaintiff to choose her own treating physician. Defendant filed a response opposing the request and alleged there was no evidence to support her claim as she had not been treated since April 4, 1994. On June 19, 1995, an order was entered by the trial court, stating " . . . Plaintiff is not satisfied with the doctors submitted to treat plaintiff by defendant . . ." -2-
Authoring Judge: Per Curiam
Originating Judge:Hon. C. K. Smith, |
Macon County | Workers Compensation Panel | 06/20/96 | |
| 01A01-9603-CH-00131
01A01-9603-CH-00131
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/19/96 | |
| Christopher v. Sockwell,
01A01-9511-CH-00505
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 06/19/96 | |
| 01A01-9602-CH-00063
01A01-9602-CH-00063
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/19/96 | |
| 01A01-9603-CH-00102
01A01-9603-CH-00102
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/19/96 | |
| 01A01-9504-CH-00134
01A01-9504-CH-00134
Originating Judge:Vernon Neal |
Clay County | Court of Appeals | 06/19/96 | |
| 01A01-9511-CH-00515
01A01-9511-CH-00515
Originating Judge:Vernon Neal |
Pickett County | Court of Appeals | 06/19/96 | |
| 02A01-9505-CV-00103
02A01-9505-CV-00103
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 06/17/96 | |
| State vs. Roy Smith
02C01-9712-CR-00468
|
Shelby County | Court of Criminal Appeals | 06/17/96 | |
| 02S01-9410-CC-00069
02S01-9410-CC-00069
|
Supreme Court | 06/17/96 | ||
| 02C01-9410-CC-00248
02C01-9410-CC-00248
|
McNairy County | Court of Criminal Appeals | 06/17/96 | |
| 02S01-9410-CC-00069
02S01-9410-CC-00069
|
Supreme Court | 06/17/96 | ||
| 01A01-9509-CH-00421
01A01-9509-CH-00421
Originating Judge:John J. Maddux |
Clay County | Court of Appeals | 06/14/96 | |
| 03C01-9505-CR-00141
03C01-9505-CR-00141
|
Hamilton County | Court of Criminal Appeals | 06/14/96 | |
| 01A01-9511-CH-00514
01A01-9511-CH-00514
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 06/14/96 | |
| 01A01-9509-CH-00397
01A01-9509-CH-00397
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/14/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Campbell County | Court of Appeals | 06/13/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 06/13/96 | ||
| Clinton v. Butler, Jr., And Dale Conder, Jr., of Rainey, Kizer,
02A01-9505-CV-00107
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 06/13/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Sevier County | Court of Appeals | 06/13/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Anderson County | Court of Appeals | 06/13/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 06/13/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 06/13/96 |