The following Opinions are available for download:
Cases posted the week of 03/29/2004
Helen Ashford v. Aerostructures Corp. -
M2002-01276-WC-R3-CV View
Wilson County
- The trial court found that employee had sustained a permanent partial
disability of 90% to the body as a whole as a result of the gradual injury she
sustained during her employment and that the events on December 7, 1999,
aggravated a preexisting lung condition. The trial court awarded workers'
compensation benefits in the lump sum amount of $188,632.80, along with certain
discretionary costs. The trial court also allowed employer a setoff for medical
benefits in the amount of $3,036.37 but disallowed setoff for disability
benefits. We find no error and affirm the judgment of the trial court.
Robert Kelley v. Lumbermen's Casualty &
Wilson Sporting Goods - M2003-00773-WC-R3-CV View
Coffee County -
The trial court found the claim to be barred by the statute of limitations. We
affirm.
Tony Bilbrey v. Kenneth O. Lester
Co. - M2003-00649-WC-R3-CV View
Wilson County
- The trial court found that the employer had made voluntary medical payments
within one year of the filing of suit; that the statute of limitations had not
expired; and that the plaintiff suffered a work related back injury. The trial
court fixed plaintiff's disability at 22-1/2 percent to the body as a whole. We
affirm the judgment of the trial court.
Cases posted the week of 03/22/2004
Bonnie Gross v. St. Thomas Hospital -
M2002-02107-SC-WCM-CV View
Davidson
County - The plaintiff, employee, appeals from a judgment in favor of
the defendant, employer, which found employee's present medical condition and
injury to her cervical spine was not a continuation of her original injury of
January 18, 1999. The court, therefore, denied employee's claim for medical
benefits and an increase in vocational disability. We affirm the judgment of
the trial court.
Cases posted the week of 03/15/2004
Wade Nance v. State Industries -
M2002-01762-SC-WCM-CV View
Cheatham County
- This matter was initially tried by the trial court on November 29, 1999, and
the trial court found in favor of employer/defendant State Industries due to
employee's failure to use a mandated safety procedure. On appeal, the Workers'
Compensation Panel articulated a new four-prong standard to be applied when
employers assert the affirmative defense of willful failure or refusal to use a
safety appliance. This case Wade Nance v. State Industries, Inc. and ITT
Hartford Insurance Co., 33 S.W.3d 222 (Tenn. 2000). The four prong test
enumerated is as follows: (1) at the time of the injury the employer had in
effect a policy requiring the employee's use of a particular safety devise; (2)
the employer carried out strict, continuous and bona fide enforcement of the
policy; (3) the employee had actual knowledge of the policy, including a
knowledge of the danger involved in its violation, through training provided by
the employer; and (4) the employee willfully and intentionally failed or
refused to follow the established policy requiring use of the safety appliance.
The panel concluded that the employer had carried its burden of proof on
elements (1), (3) and (4), and remanded the case for a new trial on element
(2), all as set out above. On July 15, 2002, the case was tried again before
the same judge and the court determined State Industries, employer, had
satisfied its burden of proof on this issue, i.e. the employer carried out a
strict, continuous and bona fide enforcement policy. As discussed below, the
panel has concluded the evidence does not preponderate against the trial
court's finding and we affirm.
Henry Campbell
v. Jim Keras Buick - W2003-00158-WC-R3-CV View
Shelby County
- The trial court found that the Employee failed to prove causation, failed to
give notice as required by Tennessee Code Annotated section 50-6-201, and
waived his right to worker's compensation benefits for a back injury. We affirm
on the basis that Employee failed to prove causation and failed to prove
notice.
Roger D. Reynolds v. Municipal League
Risk Management Pool - W2003-00448-WC-R3-CV View
Weakley County
- The trial court found that the Employee failed to prove causation and failed
to give notice as required by Tennessee Code Annotated section 50-6-201. We
affirm.
William R. Smothers v. Markel
Lighting - 2002-02933-WC-R3-CV View
Henry County
- The trial court found that the Employee failed to give notice as required by
Tennessee Code Annotated section 50-6-201. We affirm.
Marcina Jelks v. Travelers Insurance -
W2003-00927-SC-WCM-CV View
Gibson County -
In this appeal, the employer questions the trial court's findings as to
permanency and extent of vocational disability. As discussed below, the panel
has concluded the evidence fails to preponderate against the findings of the
trial court.
Roger Desmarais v. The Bailey
Company - M2002-02637-SC-WCM-CV View
Wilson County -
In this appeal, the employee insists the trial court erred in dismissing his
claim. As discussed below, the panel has concluded the evidence fails to
preponderate against the findings of the trial court.
Cases posted the week of 03/01/2004
Judith Johnson v. Robert Richardson, d/b/a
Richardson Landscaping - M2002-02968-WC-R3-CV View
Houston County
- 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 defendant/appellant has appealed
the action of the trial court, which overruled his motion to set aside a
default judgment under the provisions of Tenn. R. Civ. P., Rule 60. The
standard of review is whether the trial court abused its discretion in denying
the motion to set aside the judgment.
Willie
Wooten v. Wal-Mart Stores East - W2002-02682-SC-R3-CV
View
Shelby
County - In this appeal, the employer questions the trial court's
findings as to compensability and rate of compensation benefits. The employer
also insists the trial court erred in ordering it to pay medical expenses to
TennCare, and not directly to the health care providers. The employee insists
the employer should have been assessed with a penalty for its failure to
provide medical benefits. As discussed below, the panel has concluded the
evidence fails to preponderate against the trial court's findings as to
compensability and compensation rate, but should be remanded for determining
TennCare's subrogation interest, if any.
Shirley Borchert v. Emerson Electric -
W2003-00111-WC-R3-CV View
Benton County
- In this appeal, the employer questions the trial court's findings as to
permanency and extent of vocational disability. As discussed below, the panel
has concluded the judgment fails to preponderate against the findings of the
trial court.
Deborah Johnson v. Marshall
Mfg. - M2003-00921-SC-WCM-CV View
Marshall
County - In this appeal, the appellant, Federated Insurance Company,
insists the trial court erred in determining, as a matter of law, that it was
liable for the payment of workers' compensation benefits and in summarily
dismissing the case as to Liberty Mutual Insurance Company. As discussed below,
the panel has found no reversible error and concluded that Federated is liable
under the successive injury rule.
June
Williams v. Saturn Corp. - M2002-02916-SC-WCM-CV
View
Maury
County - The employer appeals the judgment of the trial court awarding
the employee 20% permanent partial disability to the body as a whole for
work-related injuries to both shoulders, and denying a set-off for disability
payments paid under an employer-funded plan. The employer contends that the
trial court erred: 1) in basing the employee's award on an anatomical
impairment rating not based entirely on the AMA Guides; and 2) in not granting
a set-off for disability payments paid by the employer pursuant to Tenn. Code
Ann. § 50-6-114(b). We hold that the evidence does not preponderate
against the trial court's findings as to anatomical and vocational disability.
Accordingly, the judgment of the trial court is affirmed as to this issue. We
find that this case should be remanded for further proceedings on the issue of
whether a set-off is warranted in this case.
Darcus Williams v. Nashville and Davidson
County/Nashville Electric Svc.- M2002-03038-WC-R3-CV
View
Davidson
County - The employer appeals the trial court's judgment that the
employee suffered an injury arising out of and in the course and scope of her
employment when the employee left her work station to go to a break area on the
employer's premises to hand some money to her friend to repair her car and
slipped in a puddle of water and injured her back as she was about to re-enter
the building. The employee contends that the trial court erred in finding the
employee suffered only a 20% anatomical impairment and a 40% vocational
disability for this injury. The panel has concluded that the judgment of the
trial court should be affirmed.
Cases posted the week of 02/23/2004
Hameed Alfaraj v. S-3 Perspectives d/b/a Express
Personnel Srvcs - M2003-00455-SC-WCM-CV View
Rutherford
County - The employer appeals the judgment of the trial court finding
that the employee sustained a work-related injury resulting in a 5% anatomical
impairment and a 95% vocational disability to his right upper extremity. The
employer contends that the evidence preponderates against a finding that the
employee suffered from carpal tunnel syndrome; and that the trial court erred
in relying on the testimony of the employee's medical expert. The panel has
concluded that the judgment of the trial court should be affirmed.
Michael Phillips v. Liberty Mutual Ins. & United
Parcel Service - M2003-00855-WC-R3-CV View
Wilson
County - The trial court found plaintiff suffered a compensable injury
to his back, sustained a forty-eight percent permanent partial disability to
the body as a whole, suffered a compensable carpal tunnel injury to his right
arm, and sustained a twenty-five percent permanent partial disability to the
right arm. The employer challenges the compensability of the arm injury and the
amount of each award. We affirm the judgment of the trial court.
Floyd Bouldin v. Warren County Sheriff's Dept -
M2003-00602-WC-R3-CV View
Warren
County - Defendant challenges the admission of expert medical opinion
as based on erroneous records and insists the amount of the award is excessive
because it exceeds the two and one-half times cap. We affirm the judgment of
the trial court.
Cases posted the week of 01/26/2004
Virginia Sykes v. Saturn Corp. -
M2003-00532-WC-R3-CV View
Maury County -
In this appeal, the defendant/appellant, Saturn Corporation, argues that there
is no evidence that the permanency of plaintiff/appellee's plantar fasciitis
and Morton's neuroma was caused by her employment, and that the
plaintiff/appellee's condition of lupus was not caused by her
employment.
Joanna Swiger v. Nashville Union
StockYard Restaurant - M2002-02971-WC-R3-CV View
Davidson
County - The issues involved in this appeal are whether the plaintiff,
Joanna Swiger, had waived her right to seek reconsideration pursuant to Tenn.
Code Ann. § 50-6-241(a)(2), and whether Ms. Swiger made a reasonable
attempt to return to work.
Frederick Jackson
v. Paccar, Inc. d/b/a Peterbilt Motors - M2003-00406-WC-R3-CV
View
Davidson
County - In this appeal, the defendant/appellant argues that the trial
court erred in finding that the plaintiff/appellee sustained his carpal tunnel
injuries while he was employed with the defendant/appellant, and the
defendant/appellant also argues that the trial court's assignment of a 12.5
percent vocational disability is excessive. We affirm the judgment of the trial
court.
Bobby Blaylock v. Dacco Inc. &
Zurich Ins. - M2003-00315-WC-R3-CV View
Putnam County
- The trial court found that the plaintiff's respiratory conditions did arise
out of the scope and course of his employment. We affirm the judgment of the
trial court.
Cases posted the week of 01/19/2004
Jimmy Spurlock v. Boiler & Heat Exchange
Systems - E2002-02842-SC-WCM-CV View
Hamilton
County - The Plaintiff alleges he suffers from a occupational disease
within the definition thereof contained in Tenn. Code Ann. § 50-6-301. The
trial judge found the plaintiff failed to show that his lung disease was caused
by or arose from his occupation as a welder with the Defendant and dismissed
the case. We affirm the judgment of the trial court.
Elmer Doyle v. United Parcel - W2003-00078-SC-WCM-CV
View
Madison
County - The only issue submitted to the trial judge was the extent of
the employee's permanent vocational disability. The employer appeals the award
of permanent disability benefits to an employee. We affirm.
Kimberly Clark v. Hardee's Food System -
M2002-02942-WC-R3-CV View
Sumner County -
The appellant, employee, has appealed the trial court's decision in this case,
holding the employee had failed to carry the burden of proof as to causation,
and denied benefits. As discussed below, the panel has concluded the judgment
should be affirmed.
John Still v. Commissary
Operations - M2003-00528-WC-R3-CV View
Robertson
County - The trial court determined that I(1) Employee was entitled to
the current cause of action pursuant to Tennessee Code Annotated Section
50-6-241(a)(2). The employee sustained no additional vocational disability over
and above the previously awarded twenty-five percent. As discussed below, the
panel has concluded the judgment of the trial court should be affirmed.
Debra A. Pressley v. State -
E2003-01133-WC-R3-CV View
The
Claims Commissioner dismissed the complaint finding that the employee's mental
condition was of long duration and was the result of a gradual build-up of work
stress. The judgment of the Claims Commission is reversed and the case is
remanded.
Dinah Coffman v. DTR -
E2003-00641-WC-R3-CV View
Greene County
- The trial court awarded the employee 66 2/3 percent permanent partial
disability. The employer insists the evidence preponderates against the award.
Judgment of the trial court is modified to indicate the award is to each arm
and the judgment as modified is affirmed.
Cases posted the week of
01/12/2004
NPS Energy Services v. Nelson
Moore - M2002-02718-SC-WCM-CV View
Sumner County -
The employer/appellant contends: (1) that the trial court erred in determining
that the employee suffered an injury arising out of and in the course of his
employment, and (2) that the trial court erred in awarding forty percent (40%)
permanent partial disability to the body as a whole. As discussed herein, the
panel has concluded that the judgment of the trial court should be
affirmed.
Cases posted the week of
01/05/2004
Juanita Boling v. Sak's
a/k/a Hecht's - M2003-00195-WC-R3-CV View
Williamson
County - The issues presented pertain to a 71 year old employee of
Sak's Incorporated who sustained two separate injuries. The employee and Sak's
settled the first case, involving injuries to the left shoulder, for the
maximum benefits stating in the settlement that the employee was "100%
permanently partially disabled." The matter on appeal involves an injury to the
back that occurred within one month of the prior injury. The trial court found
the employee permanently and totally disabled from her back injury and awarded
her the maximum benefits. Moreover, the trial court construed the prior order
as a finding of 100% permanent total disability to the body as a whole and held
the appellant, Second Injury Fund of the Department of Labor, liable for the
entire award for the back injury. For reasons stated herein, the panel affirms
the judgment of the trial court as modified.