The following Opinions are available for download:
Cases posted the week of
03/17/2003
Elizabeth McBroom v.
Owens-Corning - W2002-01146-SC-WCM-CV View
Madison County
- In this appeal, the employer questions the trial court's findings with
respect to causation, permanency and extent of disability. As discussed below,
the panel has concluded the evidence fails to preponderate against the trial
court's findings.
Cases posted the week of
03/10/2003
Elizabeth Ann Croley v.
Levi Strauss - M2001-01481-WC-R3-CV View
In this case, the employee
slipped and fell on a wet floor as she was entering the workplace. The
chancellor, who had presided over the trial in this matter, left office before
rendering a decision. The employee contends that the chancellor did not have
jurisdiction to decide the case because the 60 day time period provided under
Tennessee Code Annotated § 17-1-304(b) for judges who have vacated office
to conclude pending cases had expired prior to the entry of an order by the
Chief Justice of the Tennessee Supreme Court ordering the former chancellor to
conclude the case. The employee also contends that the trial court erred: 1) in
finding that the plaintiff failed to prove that her work-related accident
caused a permanent right shoulder injury; and 2) by designating a faxed copy of
an order as the original. We hold that the evidence does not preponderate
against the trial court's finding as to causation. We also find that the trial
court did have proper jurisdiction in this case and did not err in designating
a faxed copy of an order as the original when the original order was lost.
Accordingly, the panel has concluded that the judgment of the trial court
should be affirmed.
Janine Merryman v. Aqua
Glass - W2001-02897-SC-WCM-CV View
McNairy
County - In this appeal, the defendant employer Aqua Glass Corporation
contends the evidence preponderates against the trial court's finding of a
compensable back injury and an award of twenty-six percent (26%) permanent
partial disability to the body as a whole. For the reasons stated in this
opinion, we affirm the judgment of the trial court.
Rudy Ochoa v. Peterbilt - M2002-00410-WC-R3-CV
View
Wilson
County - In this appeal, the employer questions the trial court's
findings as to compensability and extent of vocational disability. As discussed
below, the panel has concluded the evidence fails to preponderate against the
findings of the trial court.
Bobby Smith v.
Findlay Industries - M2002-01315-WC-R3-CV View
Warren County
- In this appeal, the employee insists the trial court erred in denying his
motion for post-judgment interest. As discussed below, the panel has concluded
the judgment denying interest should be reversed and the cause remanded for an
award of interest from the date of entry of the original judgment.
Ruth Winchester v. John Doe Insurance -
M2002-00028-WC-R3-CV View
DeKalb
County - In this appeal, the employer questions the trial court's
findings as to permanency and extent of disability and insists "the trial court
erred in its application of the concurrent injury rule." As discussed below,
the panel has concluded the judgment should be affirmed.
Lanny Bernard v. Active USA - M2002-00663-WC-R3-CV
View
Robertson
County - In this appeal, the employer questions the trial court's
findings as to the extent of vocational disability. As discussed below, the
panel has concluded the evidence fails to preponderate against the findings of
the trial court.
Cases posted the week of
02/24/2003
Ray Dunnagan v. Foamex
- W2001-03076-SC-WCM-CV View
Madison
County - In this appeal, the employer insists (1) the action is time
barred, (2) the evidence preponderates against the trial court's finding that
the employee's restrictive lung disease was caused by exposure to silica at
work and (3) the award of permanent partial disability based on 65 percent to
the body as a whole is excessive. As discussed below, the panel has concluded
the judgment should be affirmed.
Michelle
Devers v. Aqua Glass - W2001-02832-SC-WCM-CV View
McNairy County
- In this appeal, the employer insists "the trial court erred in finding that
the plaintiff had sustained a compensable injury under the Workers'
Compensation Act and, as a result thereof, suffered an 18 percent permanent
partial disability to each arm." As discussed below, the panel has concluded
the judgment should be affirmed.
Stephanie
Stephens v. Bekaert Steel Wire - W2002-00341-WC-R3-CV
View
Lauderdale
County - The trial court found the plaintiff sustained an 80 percent
permanent partial disability to the body as a whole as a result of an
industrial injury while employed by the defendant. The defendant says the
plaintiff cannot recover because the plaintiff had a previous injury which was
aggravated by the accident, and further says the award is excessive. The
medical evidence, however, shows the plaintiff suffered a new and distinct
injury. Furthermore, we do not find the evidence preponderates against the
finding of the trial judge regarding the amount of the award.
Deborah Griffin v. Ace USA - W2002-01433-WC-R3-CV
View
Madison
County - The trial court found the plaintiff had sustained a 40
percent permanent partial impairment to her body as a whole as a result of an
injury to her left arm, which aggravated a previous impairment to her right
arm. The employer appeals the trial court's judgment. The employer contends
that the plaintiff's injury was to a scheduled member, not to the body as a
whole, and that the evidence did not preponderate in favor of the amount of the
trial court's award. We conclude that the plaintiff may recover only for the
injury to her left arm, a scheduled member, and we modify the plaintiff's award
to 50 percent permanent partial disability to the left arm.
Cases posted the week of
02/17/2003
Dale Pratt v. Averitt
Express - E2002-00864-WC-R3-CV View
Knox County -
The employer appeals the trial court's refusal to cap the employee's award at
two and one-half times the employee's medical impairment as provided by Tenn.
Code Ann. § 50-6-241(a)(1). We modify the judgment of the trial court.
Cases posted the week of
02/10/2003
Sherry Carwile v. Compass
Group - W2001-03163-WC-R3-CV View
Obion County -
In this appeal, the employer insists the trial court erred in admitting, over
objection, certain medical expenses allegedly incurred by the plaintiff. As
discussed below, the panel has concluded that proof that the expenses allowed
were reasonable and necessary was not required where the employer failed to
provide medical care as required by Tenn. Code Ann. §
50-6-204(a)(4)(A).
Rosie Fuller v. Wal-Mart
Stores - W2002-00745-WC-R3-CV View
Madison County
- The trial judge found the plaintiff had suffered a 90 percent disability to
her body as a whole as a result of an injury to her legs and back. The award
was apportioned at 75 percent to the employer and 15 percent to the Second
Injury Fund because the plaintiff had a previous injury to her leg which
amounted to a 25 percent permanent partial disability, which was paid by
Wal-Mart. We modify and affirm the judgment.
Cases posted the week of
02/03/2003
Jerry Lytle v. Fru-Con -
W2002-01337-WC-R3-CV View
Madison County -
In this appeal, the employer insists (1) the trial court erred in accrediting
the testimony of the plaintiff, (2) the trial court erred in accepting the
expert opinion of an examining physician over that of a treating physician, and
(3) the award of permanent partial disability benefits based on 20 percent to
the body as a whole is excessive. As discussed below, the panel has concluded
the trial court committed no reversible error and the evidence fails to
preponderate against the trial court's findings..
Carl Bland v. American Freightways -
W2002-01122-WC-R3-CV View
Shelby County -
In this appeal, the employer insists (1) the trial court erred in finding that
the plaintiff suffered an injury by accident to his body as a whole arising out
of and in the course of his employment, (2) the trial court erred in not
applying the doctrine of judicial estoppel to the facts of the case; and (3)
the trial court erred in assigning vocational disability to the appellee
because there was no expert proof. As discussed below, the panel has concluded
the appeal is without merit.
Mary Wynn v.
Heckethorn Mfg. - W2002-00565-WC-R3-CV View
Dyer County - In
this appeal, the employee insists the award of benefits based on 55 percent to
the body as a whole is inadequate and seeks an increased award. As discussed
below, the panel has concluded the evidence does not preponderate against the
trial court's findings.
Cases posted the week of
01/27/2003
Joyce Mullins v. Crotty
Corp. - M2002-00159-WC-R3-CV View
Jackson
County - In this appeal, the employer questions the trial court's
findings as to causation, permanency, extent of vocational disability and
mileage reimbursement. As discussed below, the panel has concluded the evidence
fails to preponderate against the findings of the trial court.
Kenny Searcy v. Unipres - M2002-00245-WC-R3-CV
View
Sumner
County - In this appeal, the employer insists (1) the trial court
erred in concluding the plaintiff's impairment was the result of his work
related injury and (2) the award of permanent partial disability benefits based
on 35 percent to the body as a whole is excessive. As discussed below, the
panel has concluded the judgment should be affirmed.
Cases posted the week of
01/20/2003
Douglas Smitley v.
Suburban Mfg. & Second Injury Fund - E2002-00255-WC-R3-CV
View
Rhea
County -The defendant Second Injury Fund appeals the trial court's
decision that the Fund is liable for seventy percent of the awarded permanent
total disability to the body as a whole. We affirm the decision of the trial
court.
Debbie G. Scott v. Federal Express
- E2002-00941-WC-R3-CV View
Hamilton County
- The plaintiff filed a petition seeking compensation for an ankle injury which
occurred July 16, 1997 and for a back injury which occurred on May 11, 2000.
The trial judge bifurcated the two claims and heard the back injury case. On
April 15, 2002 the trial court entered a judgment which dismissed the portion
of the complaint seeking compensation for the back injury. The plaintiff says
the evidence preponderates against this finding. We affirm the judgment of the
trial court.
Avis Estes v. Edgar Meek -
M2001-02695-SC-WCM-CV View
Dickson
County - In this appeal, the employer questions the trial court's
finding that the death of Walter B. Estes was the caused by a work related
accidental injury. As discussed below, the panel has concluded the judgment
should be affirmed.
Michael Story v. The
Holland Group and CGU Ins. - M2001-03078-SC-WCM-CV
View
Humphreys
County - In this appeal, the employer and its insurer question the
trial court's finding relative to the extent of the employee's permanent
disability, as being excessive. As discussed below, the panel has concluded the
judgment should be affirmed.
Cases posted the week of
01/13/2003
Michael Binkley v. E.I.
DuPont De Nemours - M2002-00278-WC-R3-CV View
Humphreys
County - In this appeal, the claimant insists the evidence
preponderates against the trial court's finding that the employee's death did
not arise out of and in the course of his employment. As discussed below, the
panel has concluded the judgment should be affirmed.