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| Fisher & Bell vs. Metro Gov't.
01A01-9609-CV-00402
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/26/97 | |
| 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 | |
| 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 | |
| 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 | |
| Reeser vs. Yellow Freight Systems
01S01-9603-CV-00042
|
Supreme Court | 02/24/97 | ||
| 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 | |
| Darin Potts v. Beaman Bottling Co., et al.
01S01-9605-CH-00108
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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 02/21/97 | |
| Angela Thurman v. Cna Ins. Co., et al.
01S01-9605-CH-00089
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Wilson County | Workers Compensation Panel | 02/21/97 | |
| Almany vs. Christie
01A01-9608-CH-00376
Originating Judge:John H. Gasaway, III |
Sumner County | Court of Appeals | 02/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 02/21/97 | ||
| 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 | |
| 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 | |
| 01A01-9608-CH-00352
01A01-9608-CH-00352
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/21/97 |