TN AOC - Workers Compensation Panel Opinions 3rd Qtr 2000

Workers' Compensation Opinions - 3rd Quarter 2000

The following Tennessee Worker's Compensation Opinions are available for download:

Cases posted the week of (09/25/2000)
Barry King vs. City of Belle Meade, et al - M1999-01432-WC-WCM-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. §50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employee contends the trial court erred in failing to award workers' compensation disability and/or medical benefits to the employee based upon his work-related hypertension and heart disease. As discussed below, the panel has concluded the trial court's dismissal of the employees workers' compensation claims should be affirmed.

Cases posted the week of (09/18/2000)
Ernestyne M. Webb vs. Shoe City, Inc., et al. - W1998-00741-SC-WCM-CV View
This case involves a back injury sustained in 1995 by Ernestyne M. Webb, an employee of Shoe City, Incorporated. The employee brought suit against the employer and its insurer, The Traveler's Insurance Company. The trial court found that the employee had sustained a herniated disk at the L-4 level of her spine and suffered a 15 percent anatomical impairment rating as a result. The court awarded benefits based upon 67.5 percent disability to the body as a whole. The court also found that the employee was not returned to work and declined to apply the two and one-half (2.5) times cap in Tennessee Code Annotated § 50-6-241(a). The defendants have presented the following issues on appeal: (1) whether the evidence preponderates against the trial court's finding that the plaintiff was not returned to work as required by Tennessee Code Annotated § 50-6-241(a); and (2) whether the evidence preponderates against the court's finding that the plaintiff suffered a 15 percent anatomical impairment to the body as a whole. We find that we must affirm the trial court's judgment as modified.

Antonia Regina Rose vs. Emerson Motor Co. - W1999-02705-SC-WCM-CV View
This is an appeal by the defendant/employer. The only issue presented is whether the evidence preponderates against the trial court's award of 35% permanent partial disability to each of the plaintiff's arms. We find it does not and affirm the judgment of the trial court.

Barbra vs. Clarendon National Ins. Co. - E1999-00232-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, Clarendon National Insurance Company, is the workers' compensation insurance carrier for United Marine Corporation (hereafter "the employer"). The issue is whether an award of 62-1/2 percent partial disability to the body as a whole is excessive in light of the medical and vocational testimony. We affirm the judgment of the trial court.

Carden vs. The Tennessee Coal Co. - E1999-01213-SC-WCM-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and reporting of findings of fact and conclusions of law. The appellant/defendant challenges the trial court's award of permanent and total disability benefits to the appellee/plaintiff. Also, the appellant contends that the evidence does not support the trial court's award of benefits to the body as a whole. After an in-depth review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Cases posted the week of (09/11/2000)
Frye vs. Athens Products - E1999-01435-WC-R3-CV View

Porreca vs. Chili's Inc. - E1999-00961-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff was burned while working for the defendant restaurant. The defendant did not dispute that the plaintiff suffered a compensable injury but did argue the award of fifty percent permanent partial disability was excessive and also contended the trial court should have allowed an offset for overpayment of approximately two weeks of temporary total disability. We affirm.

Everett Smith vs. Safety Kleen - E1999-01123-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. The plaintiff, Everett Alan Smith, filed various motions in this case, all of which were denied by the trial court. The plaintiff appeals from the trial court's: (1) refusal to award temporary total benefits from the date of injury until time of medical improvement rating by physician or from the date of injury until trial; (2) denial of a lump sum payment of attorney fees because the request was in the form of a motion rather than in the form of a petition; (3) denial of motion requiring the defendant to pay for medication and authorized physician benefits because the plaintiff sought these by motion rather than by petition. The plaintiff also raises the issue of whether the trial court erred in refusing to pay certain pharmacy charges. We affirm the judgment of the trial court in part, reverse the judgment in part, and remand the case to the trial court for further proceedings.

Peter Smith vs. Asplundh Tree Expert - E1999-01376-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals from the judgment of the trial court which awarded the plaintiff temporary total benefits from May of 1992 until November 20, 1995, and found the plaintiff had sustained a forty percent permanent partial disability to the body as a whole. The plaintiff suffered a compensable injury, returned to work for the pre-injury employer, then left that position and obtained employment with another employer. We affirm the award of permanent partial disability, reverse the award of temporary total disability and remand the case to the trial court for a determination of the amount owed consistent with our findings.

Reed vs. ABB Combustion Eng. - E1999-00589-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the plaintiff/appellant asserts that the trial court erred in basing plaintiff's award of permanent disability benefits on a percentage of impairment other than that supported by the medical evidence at trial. After a complete review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Harper vs. Lockheed Martin - E1999-01150-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. The appellant-employee appealed the trial court's award of 12.5% permanent disability to the body as a whole which was based on a finding the employee had made a meaningful return to work resulting in capping the award at two and one-half times the medical impairment under T.C.A. § 50-6-241(a)(1). On appeal, appellant argues he did not return to work for the "pre-injury employer" and the six times medical impairment under subsection (b) should control the award. Judgment of the trial court is affirmed as the new employer was a successor or substitute employer for the original employer by reason of a change of contractors at the U.S. government facility.

Eller vs. Loram Maintenance - E1999-00874-SC-R3-CV View
This workers' compensation appeal from the Cumberland County Circuit Court has been referred to the Special Workers' 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. The Cumberland County Circuit Court dismissed the plaintiff's claim for Tennessee workers' compensation benefits on the basis that the plaintiff affirmatively elected to seek workers' compensation benefits in the states of Maryland and Pennsylvania. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Davis vs. U.S. Coal Inc. - E1999-01297-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. The appellant-employer appealed the trial court's ruling awarding appellee-employee 32% permanent partial disability to the body as a whole. Appellant argues the trial court was in error in accepting certain medical testimony when the doctor failed to follow AMA Guides in conducting examination and evaluation of employee. Judgment of the trial court is affirmed.

Cases posted the week of (09/05/2000)
Valerie A. Lewis vs. Saturn Corp. - M1999-00422-SC-WCM-CV View
The trial court found that employee, Valerie A. Lewis, suffered a compensable injury which arose out of the course and scope of her employment with employer, Saturn Corporation. The trial court awarded employee twenty percent (20%) permanent partial disability to the body as a whole, in addition to all medical expenses, and future medical expenses, and temporary total disability benefits.

Darryl Davis vs. Pirelli Armstrong Tire Corp., et al - M1999-00008-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. §50-6-225(e)(2) (1999); Hill vs. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey vs. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987).

Teresa M. McCarley Johnson vs. Maury Regional Hospital, et al - M1999-00291-SC-WCM-CV View
The employer, Maury County Regional Hospital contends the trial judge erred in concluding the employee's back injury arose out of and occurred in the course of employment and that the award of permanent partial disability benefits is excessive.

Rex Taylor vs. Emerson Motor Company - W1999-00497-SC-WCM-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated §50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Emerson Motor Company (Emerson), appeals the judgment of the Circuit Court of Decatur County, where the trial court found: (1) an injury by accident, (2) the plaintiff, Rex Taylor (Taylor), did not have a meaningful return to work, and (3) awarded the maximum benefits of two hundred sixty (260) weeks of benefits under Tennessee Code Annotated, §50-6-207(4). For the reasons stated in this opinion, we affirm the judgment of the trial court.

Patricia M. Campbell vs. City of Tullahoma, et al - M1999-01235-WC-R3-CV View
The appellant, Campbell, insists the trial court erred in granting the appellee's motion for discretionary costs because no equitable ground for such relief was asserted in the motion and accompanying affidavit. The panel concludes that the plaintiff's voluntary dismissal of her complaint is a sufficient ground for an award of discretionary costs.

The Kroger Company, et al vs. Sara Cooper - M1999-01120-WC-R3-CV View
The employer has appealed contending the trial court's award of permanent partial disability benefits based on thirty-five percent to the leg for a torn meniscus is excessive.

Tatum Carter vs. Wal-Mart Stores, Inc. - M1999-01520-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. As discussed below, the panel has concluded the judgment of the trial court granting the appellee summary judgment should be reversed.

Cases posted the week of (08/21/2000)
Terence A. Johnson vs. Saturn Corp. - M1999-01377-WC-R3-CV View
The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice.

Cases posted the week of (08/14/2000)
Walter Taylor, Jr. vs. Athens Paper Company, Inc., et al. - M1999-00853-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §§ 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues.

Federal Ins. Co., et al vs. Pennsylvania National Mutual Casualty, et al - M1999-01917-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. §50-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant.

Claudean Edwards Hulsey vs. Peterbilt Motors - M1999-00350-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal.

Dorothy Taylor vs. Senior Citizens Services - W1999-02152-WC-R3-CV View
Margaret E. Butler vs. Texas Boot, Inc., et al - M1999-00674-WC-R3-CV View
The appellant contends the trial judge erred (1) in determining the employee's condition arose out of the employment and (2) in applying Tenn. Code Ann. § 50-6-242, and (3) that the award is excessive.

James David Ramsey, Jr. vs. Crockett-Phillips Construction, et al - M1999-01008-WC-R3-CV View
The employer and its insurer have appealed, contending the trial court's award of permanent disability benefits based on the functional equivalent of one hundred percent to both legs is excessive.

Cases posted the week of (08/07/2000)
Massengill vs. Liberty Mutual Ins. Co. - E1999-01180-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling awarding appellee-employee 75 percent permanent disability benefits to his right arm. On appeal, appellant argues the award should have been fixed to the body as a whole since the injury was mainly to the employee's right shoulder. Judgment is modified to fix the award at 12 percent disability to the body as a whole as an injury to an extremity or shoulder is not a scheduled member.

Pettitt vs. Assoc. Gen. Contractors - E1999-00367-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. The appellant-insurance fund appealed the trial court's award of 35% disability to the body as a whole under T.C.A. § 50-6-241(a)(2) after a reconsideration hearing. On appeal, appellant argues the award was improper because it was not established that the loss of employment was causally related to his injury and that the increased award was excessive. Judgment of the trial court is affirmed as recent ruling in Niziol v. Lockheed Martin Energy Systems, Inc. by the Supreme Court controls the reconsideration issue and award was reasonable and not excessive.

Meyer vs. Continental Casualty Co. - E1999-01593-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling finding the appellee-employee was entitled to an award of permanent disability benefits at 60 percent to the left hand. On appeal, appellant argues the award should have been confined to a scheduled member, the left thumb. The employee insists the appeal is frivolous. Judgment of the trial court is affirmed as the injury to the left thumb causes an unusual and extraordinary condition affecting the hand. The appeal is not found to be frivolous.

Cases posted the week of (07/31/2000)
Donna Thweatt vs. Travelers Property & Casualty Ins.Co. - M1999-01903-WC-R3-CV View
The issues in this workers' compensation appeal are whether the chancellor erred in determining the plaintiff to be an employee; was the injury from inhaling chemicals compensable; was the award of 90% to the body as a whole excessive; and was commutation to lump sum appropriate. This panel affirms the decision of the trial judge. On appeal the appellant requests costs for a frivolous appeal which this panel declines to grant.

Samuel D. Nunley vs. Carrier Corp. - M1999-01640-WC-R3-CV View
The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge.

Shirley B. Rodgers vs. Guys & Gals, Inc., et al - M1999-01538-WC-R3-CV View
The sole issue in this workers' compensation appeal is whether the chancellor erred in finding that the plaintiff's injury arose out of his employment with Carrier Corporation. This panel affirms the decision of the trial judge.

Mary Zelek vs. Flagstar System, et al. - M1999-00269-WC-R3-CV View
The employer contends the trial judge erred by accrediting the expert medical testimony of a non-approved physician chosen by the employee, or her attorney, and that the award of permanent partial disability benefits is excessive.

Cases posted the week of (07/24/2000)
Christine Griffin vs. Fireman's Fund Ins. Co., Christine Griffin vs. Country Home Health - W1999-02150-WC-R3-CV View
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer's insurance company, Fireman's Fund Insurance Company, appeals the judgment of the Chancery Court of Dyer County where the trial court held that future medical treatment would remain open in the two workers' compensation cases filed by the plaintiff, Ms.Griffin; and if the plaintiff required future medical care, a determination of responsibility would be made based upon the facts presented at that time. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Bobby Ray Carper vs. Ramer Wood Products - W1999-02147-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated §50-6-225(e) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Ramer Wood Products (Ramer), appeals the judgment of the McNairy Chancery Court awarding permanent partial disability of thirty percent (30%) to the right arm and twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court as modified to a single award of twenty-seven and one-half percent (27-1/2%) permanent partial disability to both arms.

Cases posted the week of (07/13/2000)
Ann Phillips vs. Marvin Windows - W1999-02243-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated §50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Marvin Windows (Marvin), appeals the judgment of the Lauderdale Chancery Court awarding the plaintiff, Ann Phillips (Phillips), permanent partial disability of seventeen percent (17%) to the body as a whole.

Hope Cobb vs. Advantage Manufacturing Corp. - W1999-01147-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated §50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee, Hope Cobb, insists that the trial court erred in dismissing her claim at the conclusion of a bench trial on the grounds that she failed to carry the burden of proof that she had given proper notice of her injury to her employer, Advantage Manufacturing Corporation. The employer moves that we find this appeal to be frivolous and grant attorney fees and expenses incurred as a result of this appeal. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Cases posted the week of (07/10/2000)
Penny Pitt Phillips, et al., vs. Robinson & Belew, Inc., et al. - W1999-02211-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. The defendant-employer and its insurance company appeal the judgment of the Weakley Chancery Court insisting that the trial judge erred in commuting the death benefits payable to Donald Leon Pitt, a minor, to a lump sum. As discussed below, the panel has concluded that the part of the trial court's judgment that ordered the award be commuted should be reversed.

Scotty Bailes Builder vs. Allen H. Davis - E1999-01461-SC-WCM-CV View
The issue before us is whether the Plaintiff, Scotty Bailes doing business as Scotty Bailes Builder, and Defendant, Allen Davis, agreed for Mr. Davis to have workers' compensation coverage during the roofing job in question. We think they did not and thus affirm.

Glenda Faye Tolliver vs. National Health Care - E1999-01017-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225 (e)(3) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the plaintiff sustained an accidental injury during her employment with the defendant and that the trial court awarded the plaintiff a twelve and one-half (12-½) percent vocational disability. After a complete review of the record, briefs of the parties and applicable law, we affirm.

Donna Grantham vs. State - M1999-01063-WC-R3-CV View
The employer, State of Tennessee, appeals and insists that: (1) the evidence preponderates against a finding that the injury arose out of and in the course of the employment relationship and (2) the employee did not sustain an injury by accident within the meaning of the Tennessee Workers' Compensation Act. No other issues are raised. As discussed below, the panel concludes that the judgment should be affirmed.

Cases posted the week of (07/03/2000)
Brent Brown vs. Continental Baking Company - W1999-02700-SC-WCM-CV View
This case involves a work-related injury to the plaintiff's left shoulder on August 17, 1992. The trial court heard the evidence on July 2, 1998, and found that the plaintiff sustained a compensable 12.5 percent permanent partial disability to the left shoulder but that the injury he claimed to the right shoulder was not work-related. The trial court also rejected the plaintiff's argument that he did not have a meaningful return to work and found that the two and one-half (2.5) times cap in Tennessee Code Annotated § 50-6-241(a) applied. The plaintiff appealed pro se and raised the following issues for our review: (1) whether the plaintiff's right shoulder injury was work-related; (2) whether the plaintiff should be compensated for a second surgery on the right shoulder and both feet; (3) whether the original complaint was not re-filed properly; (4) whether there should have been a court reporter present at the hearing; and (5) whether evidence was improperly withheld from the court in his case. After careful review, we find that we must affirm the trial court's judgment.

Ingram Industries, Inc. vs. Carless Dyke Keller - E1999-0703-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' 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. The trial court awarded the plaintiff 24 percent vocational disability to the body as a whole. The defendant contends that the preponderance of the evidence does not support the trial court's award. We affirm.