TN AOC - Workers Compensation Panel Opinions 1st Qtr 2002

Workers' Compensation Opinions - 1^st Quarter 2002

The following Opinions are available for download:

Cases posted the week of 03/25/2002
Jeffery Wright v. Johnston Coca-Cola & Dr. Pepper - E2000-02542-WC-R3-CV View
Bradley County - The trial court found the plaintiff suffered a 5 percent permanent medical impairment as a result of an injury sustained while working for the defendant. We affirm the judgment of the trial court.

James Burks v. Williams Typesetting, Inc. - E2001-00252-WC-R3-CV View
Btradley County - The trial court found the employee was permanently and totally disabled. The employee appealed insisting the award should be fixed as a permanent partial award payable for a period of 400 weeks. The judgment of the trial court is affirmed as to the 100 percent award of permanent and total disability, the denial of attorney's fees on unpaid medical expenses and the commutation of a lump-sum award for payment of attorney's fees. The judgment is reversed as to allowing a credit against the total disability award and the commutation of benefits in favor of the employee. The case is remanded for the purpose of amending the judgment to allow additional temporary total benefits and for further hearing on the employee's application for commutation benefits.

Cases posted the week of 03/11/2002
Wal-Mart Stores, Inc., et al v. Daniel Wilson - M2000-02978-SC-WCM-CV View
Macon County - The trial court awarded permanent partial disability benefits based on the functional equivalent of 40% to the employee's left arm and 60% to his right arm. The court based its findings upon the conclusions of a local doctor not presented as a panel option to the employee. The employer contends that the trial court erred in 1) interpreting the appropriate composition for a medical panel under Tenn. Code Ann. § 50-6-204 and (2) assessing permanent partial disability benefits. As discussed below, the Panel has concluded that the judgment of the trial court should be affirmed on both issues.

Cases posted the week of 03/04/2002
Melinda Peeler v. Kimberly-Clark Corp. - E2001-00541-WC-R3-CV View
Loudon County - The trial court dismissed the complaint finding proper notice of injury had not been given and that a reasonable excuse did not exist for the failure to give notice. The employee appealed insisting she was not aware that she had a work-related injury. Judgment of the trial court is affirmed.

Timothy Woody v. North Brothers, Inc. - E2001-00521-WC-R3-CV View
Bradley County - 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.

Cases posted the week of 03/04/2002
Jody Collins v. Lear Seating Corp. - E2001-00223-WC-R3-CV View
Grainger County - The trial court found the plaintiff had suffered a work-related injury and awarded 70 percent permanent partial disability to the right arm. We reverse the judgment of the trial court and dismiss this case.

Tammy Dedmon v. Tennessee Food Services ,d/b/a Bonanza Restaurants - W2001-00067-WC-R3-CV View
Henry County - In this appeal, the employer contends the evidence preponderates against the trial court's award of twenty-five percent (25%) permanent partial disability to the body as a whole. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Arminta Woods v. City of McMinnville - M2001-00680-WC-R3-CV View
Warren County - The employer appeals an award of workers' compensation benefits to an employee who, while attending a work-related seminar distant from her place of employment, was injured on a personal mission. We vacate the judgment as void and remand for a trial by a duly elected judge.

Jimmy Wagner v. Tower Automotive Products Co. - W2001-00728-WC-R3-CV View
Gibson County - The defendant, Tower Automotive appeals the judgment of the trial court which awarded fifteen percent (15%) permanent partial disability to each arm as being excessive. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Tamatha Howe v. Jones Plastic & Engineering Co. d/b/a Camden Plastics - W2001-00555-SC-WCM-CV View
Benton County - In this appeal, Defendant asserts: (1) the trial court erred in not limiting Plaintiff's permanent partial disability award to two and one-half (2-1/2) times her medical impairment rating of ten percent (10%) as provided by Tenn. Code Ann. § 50-6-241(a)(1); (2) the trial court's award of seventy-five percent (75%) disability, a multiple of seven and one half (7-1/2) times her impairment rating, should be reduced when there are no specific findings supported by clear and convincing evidence of at least three of four factors contained in Tenn. Code Ann. § 50-6-242; and (3) the trial court erred in granting Plaintiff temporary total disability benefits from May 20, 1999 until November 30, 1999. After a review of the entire record, applicable law and as discussed below, the Panel affirms in part, reverses in part, and remands to the trial court for specific findings with respect to permanent partial disability benefits.

Timothy Tidwell v. Verplank Enterprises, Inc. - M2000-00551-WC-R3-CV View
Lawrence County

Judy Lynn Popa v. McKinnon Lumber Co., Inc. - M2001-01743-WC-R3-CV View
Houston County - The appellant (mother of the three minor children of the deceased employee) contends that the trial court erred in not commuting the surviving childrens' benefits to a lump sum. The trial court ordered: 1) that the accrued death benefits be paid into the Circuit Court Clerk's office and held in trust for the three minor children until their eighteenth birthdays; and 2) the remaining benefits be paid to the clerk's office in bi-weekly installments to be invested and held in trust for the children's benefit.

Billy Joe Clubbs v. Cresent Mfg. Co. - M2001-01069-WC-R3-CV View
Sumner County - In this appeal, the injured employee insists the trial court erred in dismissing his claim for benefits for failure to give timely written notice of his injury. As discussed below, the panel has concluded the judgment should be reversed and the cause remanded for further consideration.

Cases posted the week of 02/25/2002
Kay Duncan v. Modine Mfg. - E2000-02995-WC-R3-CV View
Anderson County - The trial court found that in the current work-related injury the plaintiff sustained an 80 percent permanent partial disability to the body as a whole and a 15 percent permanent partial disability to the body as a whole as a result of an aggravation of her pre-existing depression. The plaintiff had previously sustained a work-related carpal tunnel injury and received an award of 35 percent for the injury, which was stipulated to convert to 17.5 percent. The trial court found the plaintiff's current 95 percent disability coupled with her pre-existing right arm condition rendered her permanently and totally disabled in accordance with Tennessee Code Annotated § 50-6-207(4)(A)(i). The trial court assessed 82.5 percent of the award to the defendant employer and the balance to the Second Injury Fund. We affirm the judgment of the trial court and remand the case to the trial court for entry of such orders as are necessary to carry out the judgment.

Lisa Fuson v. Traveler's Insurance - E2000-2532-WC-R3-CV View
Rhea County - The trial court found the employee had sustained a twenty-five percent permanent partial disability, based on the medical impairment of five percent, to her left arm. The trial court further held that Barker v. Home-Crest Corp., 805 S.W.2d 373 (Tenn. 1991) controlled and because March 24, 1998, was the last day the employee was able to work, the plaintiff insurer was liable for the employee's workers' compensation award. We affirm the judgment of the trial court.

Angela Lemmons v. P & P Enterprises - M2001-00616-WC-R3-CV View
Robertson County - The employee appeals the finding of the trial court that she failed to carry her burden of proof that her injuries arose out of and in the course of her employment. We affirm the judgment of the trial court.

Jarrett Utley v. Bridgestone/Firestone, Inc. - M2001-00090-WC-R3-CV View
Sumner County - The employee appeals and contends the trial court erred (1) in finding his claim for a work-related repetitive injury was barred by the statute of limitations, and (2) in concluding that his injury on September 20, 1997 did not result in any permanent disability. We affirm the judgment of the trial court.

Harrison Driver v. Bridgestone/Firestone, Inc. - M2000-02944-WC-R3-CV (Filed 12/27/2001) View
Rutherford County - The employer argues that the employee's pre-existing condition was not advanced, progressed, or anatomically changed during his employment at Bridgestone. In the face of conflicting medical testimony, the trial court found in favor of the employee, awarding $13,766 for a 7% permanent disability to his body as a whole. Relying on the employee's own medical testimony as well as an opinion of one of the testifying physicians, concluding that the employee's injury more probably than not was a result of his employment, the Panel affirms the trial court's finding that the employee suffered a compensable injury while at work.

Cases posted the week of 02/11/2002
Betty Moss v. Findlay Industries, Inc. - M2000-02632-WC-R3-CV View
Warren County - The trial court awarded benefits for vocational impairment of 55 percent to each of the plaintiff's arms. The defendant insists that the award is excessive, because the anatomical rating was only 10 percent, as a result of carpal tunnel release. The judgment is affirmed.

Clint Lowe v. Wal-Mart Stores, Inc. - M2001-00513-WC-R3-CV View
Davidson County - After being informed by his employer that he could see no more physicians, the plaintiff nevertheless sought additional treatment for a neck injury which resulted in a surgical correction. The trial judgment ordered these unauthorized expenses to be paid by the employer. We affirm.

Cases posted the week of 02/04/2002
Mary Campbell v. The Travelers Ins. Co. - E2000-01894-WC-CV View
Knox County - The employee appeals the trial court dismissal of her claims that a chemical exposure at work caused her disability. We affirm.

Brenda Braden v. Modine Mfg Co. - E2001-00219-WC-R3-CV View
Anderson County - The issue in the appeal on this workers' compensation case is whether the evidence supports the finding of the trial court that the plaintiff is forty percent disabled where the treating physician found no impairment, where the independent medical examiner found ten percent impairment to each upper extremity and where the plaintiff testified to continuous pain necessitating medication following surgical releases of carpal tunnel syndrome. Based upon a review of the record, the briefs of the parties and the argument of counsel, we affirm the judgment of the trial court.

Joyce Ramsey v. City of Dyersburg, et al. W2001-01059-SC-WCM-CV View
Dyer County - In this appeal, the appellant contends the evidence preponderates against the trial court's finding that the claimant's husband's fatal heart attack arose out of and in the course of employment. As discussed below, the panel has concluded the judgment should be affirmed.

Bonner McCluskey v. F&M Incorporated, et al. W2001-00468-SC-WCM-CV View
Shelby County - In this appeal, the appellant insists (1) the trial court erred in dismissing his claim for permanent disability benefits based on a finding that the proof of permanency was insufficient, and (2) the trial court erred in disallowing the appellant's post-trial application for relief. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 01/28/2002
Michael Lane v. Olsten Staffing - E2001-00380-WC-R3-CV View
Washington County - The trial court found the employee sustained a compensable injury but concluded there was no permanent disability. Also, the court declined to allow certain medical expenses ordered by an independent medical examiner. Judgment of the trial court is affirmed.

Cases posted the week of 01/21/2002
Patricia Coleman v. Tower Automotive, et al. - W2001-00284-WC-R3-CV View
Carroll County - In this appeal, the employer-appellant contends the award of permanent partial disability benefits based on 35 percent to the body as a whole is excessive. As discussed below, the panel concludes the judgment should be affirmed.

Kamel Al-Abes v. Friction Master, L.P., et al. - W2000-02015-WC-R3-CV View
Shelby County - Plaintiff presents three appellate issues: (1) Whether the findings of the trial court were contrary to the preponderance of the evidence; (2) whether the trial court erred in denying Plaintiff future medical care; and (3) whether the trial court erred in denying Plaintiff discretionary costs. After a review of the entire record, the Panel concludes that the judgment of the trial court on the award of fifteen percent (15%) permanent disability is affirmed. However, we reverse the trial court's judgment's denial of future medical care and denial of certain discretionary costs.

Khyva Phipps v. Insurance Co. of the State of Pennsylvania, et al - M2000-01962-WC-R3-CV View
Warren County - In this appeal, the appellants, Insurance Company of the State of Pennsylvania and Carrier Corporation insist that: 1) the trial court erred in excluding the medical records of Dr. Robert Cannon, M.D. documenting the employee's treatment for injuries sustained in a previous car accident, which was offered into evidence by appellant through the deposition of the physician's custodian of records; 2) the evidence preponderates against the trial court's finding that the plaintiff suffered a compensable injury to her back under the Workers' Compensation Act; and 3) the trial court erred in its application of the burden of proof as provided by the Workers' Compensation Act. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Cases posted the week of 01/14/2002
Beatrice Nall v. E.I. Dupont De Nemours & Co. - M2001-01176-WC-R3-CV View
Humphreys County - The issue in this case is whether the plaintiff is entitled to interest on an award of benefits. The judgment did not comply with Rule 58 of the Tenn. R. Civ. P., and never became final, but the judgment was nevertheless satisfied. The defendant declined to pay interest on the judgment because it was not final. The trial court awarded a recovery of interest. We affirm.

Cases posted the week of 01/07/2002
Donald Picklesimer v. McKee Foods Corp. - E2000-02694-WC-R3-CV View
Hamilton County - The trial court awarded the employee 72 percent permanent partial disability to the body as a whole. The employee appealed insisting his disability was 100 percent. Judgment of the trial court is affirmed.