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| Martin Ellison Hughes v. Pioneer Plastics, Inc. and WaUSAu Insurance Co.
03S01-9509-CV-00110
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. Plaintiff injured his lower back lifting a heavy machine part at work on June 21, 1994. The trial court awarded him 5 percent permanent partial disability to the body as a whole and denied plaintiff's request for payment in lump sum. We affirm the judgment of the trial court. Plaintiff's injury at work on June 21, 1994 resulted in a herniated disc at L4- L5 which was treated conservatively without improvement. He underwent surgical repair on September 6, 1994 by Dr. Steven A. Sanders. He reached maximum medical improvement on February 5, 1995 and Dr. Sanders assessed 1 percent permanent partial impairment. Plaintiff was limited to lifting no greater than 35 pounds occasionally or 17 pounds frequently or five pounds constantly. He was told not to work at a job requiring constant bending. Plaintiff underwent independent medical examination by Dr. Gilbert Hyde, orthopedic surgeon, on March 1, 1995. Dr. Hyde also opined that plaintiff had reached maximum medical improvement and assessed 15 percent permanent partial impairment to the body as a whole. He opined the plaintiff should not lift over 25 pounds, not repetitively lift over 1 to 15 pounds, and do no prolonged riding, driving, sitting, bending, twisting or stooping. Dr. Norman Hankins, vocational specialist, evaluated plaintiff on March 13, 1995. He opined plaintiff is 48 percent to 64 percent vocationally disabled, with the variance owing to the differences in limitations placed on plaintiff by Drs. Sanders and Hyde. Plaintiff testified that he is in constant pain in his lower back and right leg. He has trouble sleeping due to the pain and cannot put any pressure on his right leg. He cannot drive, and a friend takes him where he needs to go. He does not believe he is able to work. Our review is de novo on the record with a presumption that the findings of 2
Authoring Judge: Senior Judge John K. Byer
Originating Judge:Hon. Ben K. Wexler |
Knox 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 | |
| State vs. Roy Smith
02C01-9712-CR-00468
|
Shelby County | Court of Criminal Appeals | 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 | ||
| 02S01-9410-CC-00069
02S01-9410-CC-00069
|
Supreme Court | 06/17/96 | ||
| 02A01-9505-CV-00103
02A01-9505-CV-00103
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 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 | |
| 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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Court of Appeals | 06/13/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Campbell County | Court of Appeals | 06/13/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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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
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Court of Appeals | 06/13/96 | ||
| State of Tennessee v. Janalee Annette Wilson
W2002-02402-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Roger A. Page |
Madison County | Court of Criminal Appeals | 06/12/96 | |
| Teresa Davis v. Tecumseh Products Company
02S01-9512-CV-00125
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 only issue is the extent of the claimant's permanent partial disability. The panel concludes that the award of benefits on the basis of forty percent to both arms should be affirmed. The claimant, Teresa Davis, is thirty-five and has a tenth grade education. As noted by the trial judge, she has obvious intellectual limitations and her only working experience is in the field of manual labor. At the time of the trial she had not been able to find employment within her limitations. She gradually developed bilateral carpal tunnel syndrome at work and was referred to Dr. Glenn Barnett, who performed surgical releases on both arms and, when she continued to have pain when attempting to work, referred her to occupational therapy. He assessed her permanent impairment at five percent to each upper extremity. Her attorney referred her to Dr. Joseph Boals, who assessed her permanent impairment at ten percent to each upper extremity based on loss of grip strength following bilateral carpal tunnel release surgery. Dr. Ray Hester opined that she would not be able to perform repetitive work in the future. Other medical evidence confirmed the permanency of her injury. 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). Considerable deference is accorded the trial judge's findings with respect to the credibility of witnesses who testify in person, as well as the weight and value of such testimony. Landers v. Fireman's Fund Insurance Company, 775 S.W.2d 355, 356 (Tenn. 1989). In determining a claimant's permanent industrial disability, the trial court should consider, in addition to the extent of medical impairment, many factors, including job skills, education, age, training, duration of disability and local job opportunities for the disabled. Worthington v. Modine Manufacturing Co., 798 S.W.2d 232, 234 (Tenn. 199). The trial judge expressly found that there are few work opportunities for the claimant in her disabled condition, contrary to the contention of the employer that there are numerous jobs available to her. The evidence fails to preponderate against that finding or the finding that she will retain a permanent impairment of forty percent to both arms. The judgment of the trial court is accordingly affirmed. Costs on appeal are taxed to the defendant-appellant. 2
Authoring Judge: Cecil Crowson, Jr.
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 06/11/96 |