The following Opinions are available for download:
Cases posted the week of 03/27/2006
Karam Hanna v. Gaylord Entertainment - M2004-00413-WC-R3-CV View
Davidson County - This is an appeal from the dismissal of a workers’ compensation claim for failure to prosecute and to abide by the orders of the trial court with regard to setting the case for hearing. The employee filed a motion to alter or amend the dismissal order which was denied by the trial court. The employee appealed. Finding no abuse of discretion on part of the trial court, we affirm the dismissal.
Lee Grace v. Kehe Food Dist. - E2005-00064-WC-R3-CV View
Roane County - The trial court awarded plaintiff seventy-five (75) percent permanent, partial vocational disability to the left leg. On appeal, the employer contends that the employee's injury was not work related and therefore not compensable. The employer also contends that benefits should be denied because the Plaintiff failed to provide the requisite notice of injury to the employer and that the action was not timely filed within the applicable statute of limitations. We affirm the judgment of the trial court.
Cases posted the week of 03/20/2006
Elizabeth Northern v. Sonoco Products Company - W2004-02538-WC-R3-CV View
Madison County -The defendant contends that the trial
court erred in awarding the plaintiff a 25% permanent partial disability
rating to both arms for bilateral carpal tunnel syndrome and right
trigger thumb and ring finger. We disagree and therefore affirm
the judgment of the trial court.
C. Annette Garland v. St. Mary's Health System,
Inc. - E2005-01512-WC-R3-CV View
Knox County -The trial court awarded Plaintiff 54 percent
permanent partial disability as a result of sustaining a latex allergy
injury. Defendant contends the evidence established that Plaintiff
did not have a latex allergy condition and if she did, her last
employer would be responsible for compensation under the last injurious
exposure rule. We affirm the judgment.
Curtis O. McConkey v. Vonore Police Department - E2005-01342-WC-R3-CV View
Monroe County - The trial court awarded plaintiff sixty
(60) percent permanent, partial vocational disability to the right
leg. On appeal, the employer contends that the employee's injury
did not arise out of his employment and is therefore not compensable.
The employer alternatively argues that the trial court's permanent,
partial vocational disability award is excessive. We affirm the
judgment of the trial court.
Donna G. Blanton v. CVS Tennessee Distribution,
Inc. - E2005-01436-WC-R3-CV View
Knox County - The trial court awarded plaintiff 100 percent
permanent disability. On appeal, the employer contends the evidence
does not support a finding of total disability and that the trial
court was in error in accepting the testimony of a doctor who looked
at the Second Edition of the AMA Guides in an attempt to give a numerical
number of impairment for a Class 2 psychiatric injury when the Fifth
Edition of the Guides did not contain a numerical rating. We affirm the
judgment.
Jeff Bankston v. Hawker Powersource, Inc. - E2005-01277-WC-R3-CV View
Bradley County - The trial court dismissed the
complaint by sustaining a motion for summary judgment. The court
held the employee’s injury did not occur in the
course of employment. The judgment is reversed and the case is remanded.
Cases posted the week of 01/23/2006
John Foster v. Gallagher-Basset Ins., et
al - M2004-02348-SC-WCM-CV View
WIlson County - In
this appeal, the employer asserts that the evidence preponderates against
the trial court's award to the employee of 50% permanent partial disability
to body as a whole. The employer also argues that the trial court erred in
requiring it to pay the employee $1,302.00 for unauthorized chiropractic
treatment. We conclude that the medical evidence preponderates against the
trial court's rulings, and in accordance with Tenn. Code Ann. § 50-6-225(e)(2),
reverse the judgment of the trial court as to both issues.
Cases posted the week of 01/16/2006
R.V. Childers v. Goodyear Tire &
Rubber - W2004-02127-WC-R3-CV View
Obion County - In
this appeal, the employer asserts the trial court erred in finding that the
employee suffered permanent, total disability as a result of an injury, which
occurred on April 15, 1993, during the course of his employment with Goodyear
Tire and Rubber Company. We conclude that the evidence presented supports the
findings of the trial judge and, in accordance with Tennessee Code Annotated
§ 50-6-225(e)(2), affirm the judgment of the trial court.
Charles H. Shell, et al. v. Caterpillar Precision
Machined Casting, et al. - W2004-01155-WC-R3-CV
View
Dyer County - In
this appeal, the employee asserts the trial court erred in finding that the
employee's back surgery and resulting disability were not causally related to
the February 28, 2002, work injury. We conclude that the evidence presented
supports the findings of the trial judge and, in accordance with Tennessee Code
Annotated §50-6-225(e)(2), affirm the judgment of the trial court.
Cases posted the week of 01/02/2006
Lifepoint Hospital v. Ann Morgan -
M2003-02365-WC-R3-CV View
Giles County -
The trial court determined that the employee was entitled to retain temporary
total disability benefits paid by the employer, but was not entitled to any
additional benefits. On appeal, the employee submits that the trial court erred
in (1) holding that her injury did not entitle her to further benefits or
reimbursement of past medical expenses, (2) adopting inappropriate contingent
findings of fact, and (3) making a factual finding that she resigned from her
employment. The employer raises the additional argument that the trial court
erred by denying its motion for reimbursement of temporary total disability
benefits. For the reasons set forth below, we affirm the judgment of the trial
court.