The following Opinions are available for download:
Cases posted the week of 03/21/2005
Barry Halliburton v. Metokote Corp. -
M2004-00364-WC-R3-CV View
Smith County -
In this appeal, the employer contends the trial court's determination of
sixty-five percent permanent partial impairment to the lower right extremity is
excessive in light of the evidence. We hold that the evidence does not
preponderate against the trial court's findings. Accordingly, the judgment of
the trial court is affirmed.
Cases posted the week of 03/07/2005
Larry Darnell v. Connecticut Indemnity -
M2003-00914-SC-WCM-CV View
Maury
County - The issue in this case is whether the trial court's award of
permanent total disability is supported by a preponderance of the evidence. We
find no error and affirm the judgment of the trial court.
Joyce Kroll & Cigna Healthcare v. Caradon Custom
Controls, Heatcraft, General Accident & Pacific Employers Ins -
M2003-01973-SC-WCM-CV View
Rutherford County - The
employee contends the trial court erred (1) when it held that the employee's
phlebitis did not arise out of and in the scope of her employment, (2) in
finding that the employee's torn rotator cuff was not timely reported, and (3)
in finding that the employee's torn rotator cuff did not arise out of and in
the scope of her employment. We affirm the trial court's finding that the
employee's phlebitis did not arise out of her employment. However, we reverse
the trial court's findings that the employee's rotator cuff was not timely
reported and did not arise out of and in the course of her employment.
Cases posted the week of
03/07/2005
James Archibald v. Saturn
Corp - M2003-02493-WC-R3-CV View
Maury County - The
trial court found that the employee demonstrated a reasonable excuse for
failing to give timely notice of his injury to the employer and that the
employer was not prejudiced by the delay in notice. The trial court fixed the
employee's vocational impairment rating at forty percent. The employer contends
that the trial court erred in finding that the employee had a reasonable excuse
for failing to give timely notice and that the employer was not prejudiced. The
employer also contends that the trial court's award to the employee was
excessive in light of the record. We find no error and affirm the judgment of
the trial court.
William Carlson v. Saturn
Corp - M2003-02521-WC-R3-CV View
Maury County - The
trial court awarded benefits of thirty-six percent permanent partial
disability, finding that the employee had given timely notice of a gradual,
work-related injury. The employer contends that the trial court erred in the
following: (1) finding both a gradual injury and that the notice requirement
under Tenn. Code Ann. § 50-6-201 was satisfied; and (2) finding that the
injury was work-related in light of the medical evidence. The employee counters
by claiming that the appeal is frivolous. We hold that the judgment of the
trial court should be affirmed on both issues, and that the appeal is not
frivolous.
Educators Credit Union v.
Christine & Dana Gentry - M2003-02865-WC-R3-CV
View
Cheatham County -
The trial court, in determining whether death benefits for a widow having no
dependent children could be commuted to a lump sum payment, held that
commutation of periodic payments is not appropriate in the case of a sole
surviving spouse due to limitations placed on death benefits under Tenn. Code
Ann. § 50-6-210(e)(4) and (8). The widow contends the trial court erred in
denying lump sum commutation in that Tenn. Code Ann. § 50-6-229(a) allows
lump sum commutation of workers' compensation and that the Tennessee Supreme
Court has previously awarded a lump sum payment of death benefits to a
surviving spouse. This Panel, finding that Tenn. Code Ann. §§
50-6-210 and 50-6-229 should be read in pari materia, concludes that the
judgment of the trial court should be affirmed.
Cases posted the week of
02/21/2005
Rhonda Simmons v. John Doe Ins.
& Findlay Industries - M2003-02163-WC-R3-CV
View
Warren County - The
trial court determined that the plaintiff-employee suffered a 60% vocational
disability to her right upper extremity and a 30% vocational disability to her
left. From these determinations, the trial court awarded a 45% disability to
both hands. The defendant-employer asserts that the trial court award was
excessive under the facts and applicable law. For the reasons set forth below,
we affirm the judgment of the trial court
Carmon Phillips v. Nissan Motor Mfg. -
M2003-00858-WC-R3-CV View
DeKalb
County - The trial court determined that the employee retained a 28%
permanent disability to both arms. The employer asserts that the evidence
presented at trial shows that the employee suffered no injury to his left arm
in 2001. Additionally, the employee asserts that the amount of vocational
disability awarded is inadequate. For the reasons set forth below, we affirm
the judgment of the trial court.
William
Glover v. University Medical Center - M2003-01534-SC-WCM-CV
View
Wilson County - The
issues of this case are as follows: (1) whether the trial court erred in
finding medical causation; and (2) whether the trial improperly denied
employer's motion in limine to exclude the testimony of George Barnard and Dr.
David Bradley Seitzinger. We find no error and affirm the judgment of the trial
court.
Cases posted the week of
02/14/2005
Raymond Plemons v. Union
Carbide, Martin Marietta Energy System & Lockheed Martin Energy System
- E2004-01019-WC-R3-CV View
Roane
County - 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. The trial court found the employee
failed to prove his chronic lung problems were related to his occupational
exposure. We affirm.
Cases posted the week of 01/24/2005
Jeffrey Newman v. Marvin Windows -
W2004-03038-WC-R3-CV View
Lauderdale County - In
this appeal, the employer insists the trial court's award of disability
benefits based on a percentage of disability to the hand is excessive because
there was no evidence of any unusual or extraordinary effect on the hand. As
discussed below, the panel has concluded the evidence fails to preponderate
against the findings of the trial court.
Ronnie Hamilton v. American Tissue -
W2003-02396-SC-WCM-CV View
Shelby
County - In this appeal, the plaintiff/employee insists the trial
court erred in disregarding the testimony of Dr. Jay Segarra, the plaintiff's
medical expert and in making a conditional award of only 10 percent to the body
as a whole. The employers contend the trial court erred in admitting into
evidence the opinion testimony of Dr. Segarra because Dr. Segarra is not
licensed in Tennessee and because the doctor committed a crime by providing
medical service to the plaintiff in Tennessee. As discussed below, the panel
has concluded the trial court committed no reversible error and that the
evidence fails to preponderate against the findings of the trial court.
Brian Engebretson v. Allied Waste
Industries a/k/a BFI Waste Systems - W2004-00339-WC-R3-CV
View
Shelby County -
Employee appeals the trial court's finding of no permanent disability as being
against the preponderance of the evidence and asserts error in the admission of
medical evidence due to leading questions. We find the trial court did not
commit harmful error in overruling objections to leading questions propounded
to the medical expert. We further find that the finding of no permanent
disability is against the preponderance of the evidence and fix the employee's
permanent disability at 30% to the left leg.
Evelyn Corbin v. NHC Healthcare -
W2003-02921-WC-R3-CV View
Gibson
County - The employer insists the award of 15% whole body disability
is against the preponderance of the evidence since the treating physician found
no impairment. We conclude that the evidence does not preponderate against the
award and affirm the judgment of the trial court.
Robert Foster v. Morrow Trucking -
W2003-03098-WC-R3-CV View
Hardin
County - This case was previously before the Panel in Foster v. Morrow
Trucking, et al, No. W2002-0041-WC-R3-CV (Foster I). In that appeal, the Panel
remanded the case to the trial court for specific findings of fact regarding
the percentage of disability that would have resulted from employee's November,
1999 injury without consideration of his pre-existing diabetic neuropathy. Upon
remand the trial court fixed the permanent partial disability resulting from
the November, 1999 work related injury at 50% to the body as a whole without
any consideration of his pre-existing disease. As discussed below, the Panel
concludes that the evidence does not preponderate against that finding and,
accordingly, affirms the judgment of the trial court.
Cases posted the week of
01/10/2005
Bobby L. Byrge v. Zurich Services
Corp., et al. - E2004-00624-WC-R3-CV View
Anderson County - The
trial court awarded the employee 55 percent permanent partial disability for
the loss of one arm and one leg, a combined scheduled injury, without
separately computing each scheduled injury award. Defendants insist it was
error to award benefits in this manner. Judgment of the trial court is
affirmed.