APPELLATE COURT OPINIONS

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01C01-9411-CR-00397

01C01-9411-CR-00397

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/24/96
02C01-9505-CC-00125

02C01-9505-CC-00125

Originating Judge:F. Lloyd Tatum
Madison County Court of Criminal Appeals 05/24/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/24/96
02C01-9408-CR-00153

02C01-9408-CR-00153

Originating Judge:Joseph B. Brown
Shelby County Court of Criminal Appeals 05/24/96
Martha G. Myers v. Aluminum Company of America

03S01-9509-CV-00102
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 plaintiff alleged that on May 15, 1983, she injured most of her body as a result of a job-related accident. She returned to work in November 199 and allegedly sustained two additional injuries which aggravated her pre-existing condition resulting in total disability for which she seeks benefits. The defendant generally denied that the injuries complained of were serious and denied that the plaintiff suffered any degree of disability. The trial judge ruled that the plaintiff failed to carry her burden of proof and dismissed her case. Our review is de novo on the record with the presumption that the findings of fact are correct unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). The plaintiff is 44 years old. She started work at ALCOA in 1978, but five years later suffered a pulled muscle in a vaguely defined manner which caused some cervical discomfort, exacerbated the following day in another vaguely defined manner. She complained of continuing discomfort and was seen by Dr. Haralson, an orthopedic specialist. Two days later, she returned to work for a brief period. She then left work for about six months, returned, and left again. This pattern continued for eleven or twelve years. In October or November 199, she testified that she tripped over some cables which "aggravated my problem," and shortly afterwards caught her foot in a table leg which "hurt my low back right instantly then." She said that in December, "I had to quit, go out," and never returned to work. In the interim, she was injured in a traffic accident which seemingly contributed to her discomfort. -2-
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. W. Dale Young,
Knox County Workers Compensation Panel 05/24/96
01A01-9512-CH-00572

01A01-9512-CH-00572

Originating Judge:Ellen H. Lyle
Davidson County Court of Appeals 05/24/96
02C01-9503-CC-00064

02C01-9503-CC-00064

Originating Judge:John Franklin Murchison
Madison County Court of Criminal Appeals 05/24/96
01A01-9601-CV-00020

01A01-9601-CV-00020

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 05/24/96
02C01-9507-CR-00202

02C01-9507-CR-00202
Shelby County Court of Criminal Appeals 05/24/96
01A01-9511-CH-00500

01A01-9511-CH-00500

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 05/24/96
O1CO1-9412-CR-00411

O1CO1-9412-CR-00411

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/24/96
01C01-9505-CC-00159

01C01-9505-CC-00159
Bedford County Court of Criminal Appeals 05/24/96
01C01-9409-CC-00319

01C01-9409-CC-00319

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 05/24/96
01A01-9510-CH-00489

01A01-9510-CH-00489

Originating Judge:H. Denmark Bell
Court of Appeals 05/24/96
Robert F. Seymore v. Snap-On Tools Corporation

03S01-9507-CH-00081
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. Defendant, Snap-On Tools Corporation, has appealed from the action of the trial court in awarding plaintiff, Robert F. Seymore, 4% permanent partial disability to each upper extremity. Plaintiff is 52 years of age and has a 12th grade education. He suffered bilateral carpal tunnel syndrome injuries as a result of work-related activities. Surgery was performed on the right on July 13, 1993 and the left on August 31, 1993. He returned to work during October, 1993. Plaintiff's job title is a heat treat operator, and he constantly uses his hands and wrists in his work. He testified that, after surgery, he felt some relief but most of his symptoms of pain and numbness have returned. He has continued to work without a drop in his production rate but says he still suffers from his injuries as he works and even after work. There is evidence from his wife and supervisor to substantiate his complaints of continuing problems. The only issue on appeal is the extent of permanent disability. Dr. Paul E. Gorman, an orthopedic surgeon, testified by deposition and did not give plaintiff any permanent impairment under the A.M.A. Guidelines. However, he testified plaintiff should be restricted in working. His restrictions included no overtime work, avoidance of vibration tools and no lifting or handling of items weighing in excess of 1 pounds. Dr. Eric C. Roberts, a physician in physical medicine and rehabilitation, also testified by deposition and examined plaintiff for the purpose of giving an impairment rating. He agreed with the restrictions as imposed by Dr. Gorman but was of the opinion plaintiff had permanent impairment under A.M.A. Guidelines of ten percent to each upper extremity. -2-
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. G. Richard Johnson,
Washington County Workers Compensation Panel 05/24/96
01A01-9512-CH-00543

01A01-9512-CH-00543

Originating Judge:C. K. Smith
Macon County Court of Appeals 05/24/96
02C01-9502-CR-00040

02C01-9502-CR-00040

Originating Judge:Julian P. Guinn
Shelby County Court of Criminal Appeals 05/24/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/23/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/23/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 05/23/96
01A01-9510-PB-00461

01A01-9510-PB-00461

Originating Judge:James R. Everett
Davidson County Court of Appeals 05/22/96
01A01-9507-CV-00300

01A01-9507-CV-00300

Originating Judge:Thomas W. Brothers
Davidson County Court of Appeals 05/22/96
01A01-9601-PB-00034

01A01-9601-PB-00034

Originating Judge:James R. Everett
Davidson County Court of Appeals 05/22/96
02A01-9409-JV-00223

02A01-9409-JV-00223

Originating Judge:A. V. Mcdowell
Shelby County Court of Appeals 05/22/96
01A01-9601-CV-00019

01A01-9601-CV-00019

Originating Judge:Thomas Goodall
Sumner County Court of Appeals 05/22/96