TN AOC - Workers Compensation Panel Opinions 2nd Qtr 2001

Workers' Compensation Opinions - 2nd Quarter 2001

The following Tennessee Worker's Compensation Opinions are available for download:

Cases posted the week of 06/25/2001
Mary Franklin v. Troll Assoc., et al. - W1999-01164-SC-WCM-CV View
The trial court awarded plaintiff twenty percent permanent partial disability to the right upper extremity for a wrist injury and an additional twenty percent permanent partial disability to the right upper extremity for a shoulder injury. Defendant appealed the decision of the trial court. We affirm and modify the judgment of the trial court.

Jerry Russell v. Bill Heard Enterprises, Inc., et al . - W2000-00965-WC-R3-CV View
In this appeal, the employer-appellant insists (1) the trial court erred in admitting into evidence the expert testimony of an independent medical examiner, (2) the award of permanent partial disability benefits based on 20 percent to the body as a whole is excessive and (3) the trial court erred in commuting the award to a lump sum, sua sponte. The employee-appellee insists the award of permanent partial disability benefits should be increased to one based on 40 percent to the body as a whole. As discussed below, the panel has concluded the award should be reduced to one based on 15 percent to the body as a whole, payable periodically.

Bobby Gates v. Jackson Appliance Co. - W1999-00743-SC-WCM-CV View
Bobby Gates v. Jackson Appliance Co. - W1999-00743-SC-WCM-CV ( Concur/Dissent) View
The defendant, Jackson Appliance Company, appeals the judgment of the Chancery Court of Madison County awarding plaintiff, Bobby Gates, twenty-five (25) percent permanent partial disability to the body as a whole. For the reasons stated in this opinion, we affirm the judgment of the trial court.

John Sands v. Murray Outdoor Products, Inc. - W1999-01769-WC-WCM-CV View
The plaintiff has appealed contending that the trial court erred in granting the defendant a motion to dismiss his complaint pursuant to Rule 41, Tennessee Rules of Civil Procedure, for a work-related injury occurring on October 6, 1998. After a review of the entire record, briefs of the parties and applicable law, judgment of the trial court is reversed and remanded.

Donnie Walton v. Credit General Ins. Co. - W1999-01769-SC-WCM-CV View
The trial court found the Plaintiff, Donnie Walton ("Walton"), suffered a permanent partial impairment of fifty percent to the body as a whole. The Defendant, Credit General Insurance Company ("General Credit"), stated the evidence does not support the finding. We affirm and modify the judgment of the trial court.

Donald Ferrell v. York Trucking, Inc., et al - M2000-01350-SC-WCM-CV View
The trial court found the plaintiff had suffered an assault during the course and scope of his employment, which resulted in a permanent disability of 40 percent to the body as a whole as a result of a psychiatric injury. The trial judge also awarded the plaintiff temporary total disability, future medical benefits and other costs. We affirm the judgment of the trial court.

Burum v. BNFL, Inc. - E2000-01383-WC-R30CV View
The trial court awarded the plaintiff, who fell at work, permanent partial disability of 50 percent to the left leg. We affirm the decision of the trial court.

Middleton v. Porcelain Products Co. - E2000-01464-WC-R3-CV View
The employee appeals and contends the trial court erred (1) in finding his medical impairment to be eleven percent instead of eighteen percent to the body, (2) in concluding that he has employment opportunities available locally, and (3) in failing to consider economic feasibility in determining local employment opportunities. We affirm the judgment of the trial court.

Cases posted the week of 06/11/2001
Gary Holt v. Ozburn-Hessey Moving Co. & American Alternative Ins. Corp. - M2000-02563-SC-WCM-CV View
The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court.

Liford v. AFG Industries, Inc. - E2000-01474-WC-R3-CV View
The employer and insurance company have appealed from an award of permanent total disability insisting the evidence preponderates against the trial court's finding the employee's leg condition was causally related to his work injury. The employee contends the award of disability should have been determined to be of a permanent partial nature so that he would qualify for benefits under Tenn. Code Ann. § 50-6-242. Judgment of the trial court is affirmed.

White v. Maytag Cleveland Cooking Products - E2000-01451-WC-R3-CV View
The Second Injury Fund has appealed an award of total disability where the employer was ordered to pay 20 percent of the award and the Second Injury Fund was to pay the remaining 80 percent. Judgment of the trial court is affirmed.

Byrd v. Freshi Air Systems, Inc. - E2000-00481-WC-R3-CV View
The trial court found the plaintiff sustained a permanent psychological or mental impairment as a result of a confrontation between her and a supervisor of the defendant. The trial judge found the plaintiff sustained a fifty percent permanent partial disability to the body as a whole as a result of the confrontation. The defendant says the evidence preponderates against the finding. We reverse the judgment of the trial court.

Mary Miller v. Nissan Motor Mfg. Corp. & Royal Insurance Co. - M2000-00185-WC-R3-CV View
The plaintiff, Mary E. Miller, appeals the judgment of the Chancery Court of Tennessee for the 16th Judicial District at Murfreesboro, where the trial court found: (1) that Ms. Miller sustained an injury by accident arising out of and in the course and scope of her employment and awarded twenty percent (20%) permanent vocational or industrial disability to the right lower extremity; (2) that the testimony of Ms. Miller's expert witness on reflex sympathetic dystrophy (RSD) and fibromyalgia did not meet the criteria for acceptance of scientific testimony in McDaniel v. CSX Transportation Inc., 955 S.W.2d 257 (Tenn.1997), and therefore excluded his testimony; (3) that her condition of fibromyalgia and resulting psychiatric condition were not work-related and as such were not compensable; (4) that Ms. Miller was entitled to permanent medical care and treatment only for the injury to her right leg arising out of this work-related accident but not for fibromyalgia or any other conditions. Ms. Miller also raises some other procedural and evidentiary issues that will be addressed herein. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Annette Hannah, et al v. Federated Insurance Co. - M2000-01967-SC-WCM-CV View
The trial court found the plaintiff's husband was killed in the course and scope of his employment and ordered the amount to which his dependants were entitled should be paid in a lump sum. The court further ordered the money to be paid into the court and that the Clerk and Master invest the funds and pay the interest earned thereon to the widow for the benefit fo the deceased's minor children. The defendant says the death benefits cannot be paid in a lump sum and further says, even if lump sum payments is permissible, the plaintiff has failed to show she can manage the money. Further, the defendant says the trial court erroneously failed to commute the award to its present value. We affirm the judgment of the trial court.

M. S. Carriers, Inc. v. Robert Wood , W2000-00841-SC-WCM-CV View
This is an appeal by M.S. Carriers, Inc. of a judgment entered by the trial court in favor of a former Employee/Respondent, Robert Wood. Wood was injured in a truck accident in the state of Maryland on June 25, 1996. The trial court found that Wood, as a result of said injury, had sustained a vocational disability resulting in permanent impairment and disability in the amount of 80 percent to the body as a whole; the Respondent is entitled to temporary disability benefits from December 4, 1996, to July 22, 1998; and certain medical expenses. The petitioner/appellant, Carriers, presents four appellate issues: (1) Whether the trial court erred in awarding permanent partial disability benefits to the Respondent/Appellee?; (2) Whether the trial court erred in awarding unpaid medical expenses?; (3) Whether the trial court erred in awarding additional temporary total disability benefits?; and (4) Whether the assessment of discretionary costs was improper? From our review of the entire record, the trial court's judgment is affirmed.

Bruce Hardin v. Travelers Indemnity Co. of Illinois - W2000-01966-WC-R3-CV View
The defendant, Travelers Indemnity Co. of Illinois (Travelers) appeals that part of the trial court's judgment which ordered Travelers to pay to the plaintiff, Bruce Hardin (Hardin) and his attorney, $28,652.23 the total of Hardin's medical expenses and required Hardin's attorney to satisfy Blue Cross and Blue Shield's subrogation lien. For the reasons stated in this opinion, we reverse the judgment of the trial court requiring the payment of the total medical expenses and remand for a determination of the amount of medical expenses paid by Hardin.

Sheree Sapp v. Covenant Transport, Inc., et al - M2000-00681-SC-WCM-CV View
In this appeal, the employer and its insurer contend: (1) the trial court erred in finding the employee's carpal tunnel syndrome to be work-related; (2) the trial judge's comments concerning a potential expert and matters not in evidence demonstrated bias and lack of impartiality; (3) the trial court erred in not finding the employee's unilateral initiation and selection of medical treatment and refusal to report for light duty barred any claim for temporary total, permanent partial and/or medical benefits; (4) the trial court erred in finding that adequate and proper notice of a workers' compensation claim was provided; (5) the trial court erred in assessing bad faith penalties on outstanding medical expenses, temporary total disability benefits and accrued permanent partial disability benefits; (6) the trial court erred in finding that it was appropriate that the employee's attorney put in the record counsel's attendance at the employer's medical examination, and thus attempting to bolster the testimony of the employee; and (7) the trial court's award of permanent partial disability benefits was excessive. As discussed below, the panel has concluded the trial court erred in assessing a 25 percent penalty on accrued permanent partial disability benefits and in assessing a penalty on unpaid medical benefits, but that the judgment should otherwise be affirmed.

George Rector v. Bridgestone (U.S.A.), Inc. - M1999-02284-WC-R3-CV View
The defendant, Bridgestone, appeals the judgment of the Chancery Court of Rutherford County where the trial court awarded Mr. Rector a 50% vocational disability for a psychological injury incurred as a result of his employment and found Bridgestone responsible for the cost of future psychiatric treatment as well as the cost of psychiatric treatment previously provided by Dr. Ravi Singh. For the reasons stated in this opinion we affirm the judgment of the trial court.

Cases posted the week of 06/04/2001
William Harper v. Nestaway - W2000-02824-WC-R3-CV View
In this appeal, the employee insists the evidence preponderates against the trial court's finding that the proof failed to establish permanency by a preponderance of the evidence. As discussed below, the panel has concluded the judgment should be affirmed.

Pamela Thomas v. Murray, Inc. - W2000-01280-WC-R3-CV View
In this appeal, the employer insists the award of permanent partial disability benefits based on 30 percent to the right arm and 15 percent to the left arm is excessive and should be reduced to one based on 10 percent to the right arm and 5 percent to the left. As discussed below, the panel has concluded the award of permanent partial benefits should be modified to one based on its functional equivalent, 22.5 percent to both arms, and affirmed.

Paul Rodgers v. Marvin Windows of Tennessee, et al. - W1999-01852-WC-R3-CV View
The appellant presents the following issues for review: (1) Whether the evidence preponderates against the trial court's finding that the plaintiff sustained a work related injury that resulted in a permanent disability to the plaintiff, and; (2) Whether the evidence preponderates against the trial court's finding that the Plaintiff had a 15% permanent partial disability. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

David Hickman v. Continental Baking Co. - W1999-00520-WC-R3-CV View
The trial court did not issue a final order in this case. We therefore remand with instructions for further proceedings and a final judgment.

Forrest Holder v. Terminex International Co., et al. - W1999-01040-WC-R3-CV View
The appellant presents the following issues for review: (1) Whether the trial court correctly found that Mr. Holder did not give notice of a job injury or adequately disclose his condition; (2) Whether Mr. Holder permanently aggravated an underlying or pre-existing condition; (3) Whether Mr. Holder sustained any permanent partial disability as a result of his employment. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Danny Hudson v. Farmers Insurance Group -W2000-00342-WC-R3-CV View
The plaintiff, Danny Hudson, appeals the judgment of the trial court that found that the plaintiff had failed to carry his burden of proof in establishing that his medical condition was caused by the work-related accident of August 21, 1996 and dismissed his claim. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Brenda Thompson v. Ameristeel Corp. - W1999-01466-WC-R3-CV View
The trial court determined that the plaintiff suffered a 24% vocational impairment to the whole body. On appeal, the defendant submits that the plaintiff failed to prove by a preponderance of the evidence that she sustained a vocational impairment as the result of her work with the defendant. The defendant also submits that the award of 24% to the whole body is excessive. For the reasons set forth below, we affirm the judgment of the trial court.

Linda Harris v. Heritage Manor of Memphis - W2000-00081-WC-R3-CV View
The trial court determined that the plaintiff had suffered a 20% vocational impairment to the left arm and a 10% vocational impairment to the right arm as the result of bilateral carpal tunnel syndrome. The defendant asserts that the plaintiff failed to prove her injury arose out of and within the course and scope of her employment; that she failed to give proper notice of her injury to the defendant; and that the evidence does not support the amount of vocational disability awarded. For the reasons set forth below, we affirm the judgment of the trial court.

Everett Hollingsworth v. Crouch Lumber Co. - W2000-01214-SC-WCM-CV View
In this appeal, the employer insists the evidence preponderates against the trial court's finding that the employee is permanently and totally disabled and in favor of a minimal award of permanent partial disability benefits. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 05/14/2001
Eldridge v. Tri-State Comprehensive - E2000-00564-WC-R3 View
The trial court found the plaintiff had suffered a permanently disabling injury in the course and scope of her employment that rendered her permanently and totally disabled with a combined physical and psychological impairment of forty-five percent. We affirm the judgment of the trial court and remand the case thereto for entry of any order necessary to carry out the judgment set forth in this opinion.

Cases posted the week of 05/07/2001
Arlanda Haynes v. Steel Fabricators, Inc., et al. - W2000-00329-SC-WCM-CV View
The appellant presents the following issues for review: (1) Does the evidence preponderate against the trial court's ruling that the plaintiff failed to give proper notice to his employer of his gradually occurring injury to his right arm and back?; (2) Does the evidence preponderate against the trial court's ruling that the plaintiff has no permanent disability? After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Hae Suk Holder v. Whirlpool Corp. - M2000-01368-WC-R3-CV View
The defendant, Whirlpool Corporation, appeals the judgment of the Chancery Court of Rutherford County where pursuant to Tennessee Code Annotated § 50-6-241(a)(2) the trial court allowed reconsideration of the plaintiff's industrial disability and found that the plaintiff was entitled to receive an additional award of six percent (6%) to the body as a whole in addition to the previous award of eight percent (8%) made in accordance with the original settlement order between the parties filed in the Chancery Court of Davidson County. The defendant submits that the trial court erred in finding that the plaintiff, who was terminated for personal misconduct, was entitled to reconsideration pursuant to Tennessee Code Annotated § 50-6-241(a)(2), resulting in enhancement of a prior disability. Under the recent ruling of the Tennessee Supreme Court in Freeman v. Marco Transportation Co., 27 S.W.3d 909 (Tenn. 2000), in which the Court held that a request for reconsideration brought pursuant to Tennessee Code Annotated § 50-6-241(a)(2) must be filed in the same court that exercised jurisdiction over the original workers' compensation claim, we do not reach the issue raised by the defendant and find that the judgment of the trial court should be reversed and the cause dismissed without prejudice. Under the savings statute, the plaintiff can refile her request for reconsideration in the Chancery Court of Davidson County within one year of the date of the judgment that is the final disposition in this case.

Dorothy Bond v. Murray, Inc. - W2000-01830-WC-R3-CV View
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer insists the trial court erred in finding that the employee's disability to her left arm was work-related. No issue is made with respect to the right arm. The trial court treated the gradual injury as two separate injuries and awarded permanent partial disability benefits based on 38 percent to the right arm and 30 percent to the left arm. As discussed below, the panel has concluded the award should be modified, by converting it to one based on 34 percent to both arms, and affirmed.

Leta Johnson v. Henry I. Siegel Co., Inc., et al ., W1999-00408-WC-R3-CV View
The appellant presents the following issues for review: Whether the evidence preponderates against the trial court's determination of permanent partial disability. After a review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.

Danny Bell v. Emerson Electric Co. - W1999-00988-WC-R3-CV View
The trial court found the plaintiff sustained a seven and one-half percent permanent partial disability to the body as a whole as a result of an on-the-job injury to his left shoulder. The defendant says the evidence does not support the finding. We affirm the judgment of the trial court.

Allen Serratt v. Neo Products Corp., et al. , W1999-01246-WC-R3-CV View
The defendants Neo Products Corporation and State Auto Insurance Company appeal the judgment of the Chancery Court of Chester County awarding plaintiff permanent partial disability of ten (10%) percent to the body as a whole. For the reasons stated in the opinion we affirm the judgment.

Bobbie Hicks v. Wausau Insurance Co., et al. - W2000-01009-WC-R3-CV View
In this appeal, the Second Injury Fund insists (1) the evidence preponderates against the trial court's finding that the employee suffered a compensable injury on January 14, 1997, (2) the trial court erred in admitting into evidence the testimony by deposition of a vocational expert and (3) the evidence preponderates against the trial court's finding that the employee is permanently and totally disabled. As discussed below, the panel has concluded the judgment should be affirmed.

Donald Hughes v. Memphis Light, Gas & Water, et al. - W2000-01056-WC-R3-CV View
The employer insists (1) the trial court erred in finding a causal connection between the injury and the employment and (2) the trial court violated Tenn. R. Civ. P. 52.02 by filing findings of fact and conclusions of law after entry of final judgment. The Second Injury Fund insists the award of permanent partial disability benefits based on 85 percent to the body as a whole is excessive. The employee insists that the Second Injury Fund lacks standing in this tribunal because it did not file a notice of appeal, that the award is inadequate and that the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed.

Freida Boyle v. The Procter & Gamble Mfg Co. - W2000-00064-WC-R3-CV View
The employer contends the trial court erred in determining that the employee's injury was causally connected to her employment and that the employee complied with statutory notice provision pursuant to Tenn. Code Ann. § 550-6-201. It also contends that the award of 40% permanent partial disability to the body was excessive. As discussed below, the panel concludes that the judgment of the trial court should be affirmed.

Viki Parker v. Wausau Insurance Co. - W2000-01517-WC-R3-CV View
After a detailed analysis of the evidence in the trial record, the trial court found the plaintiff sustained a 45 percent permanent partial disability to the right and left arms. However, the trial court denied the request for a lump sum. The defendant, Wausau Insurance Companies, appeals and presents one issue for appellate review: Whether the trial court's award of 45 percent permanent partial disability to each of the plaintiff's arms is excessive and not supported by a preponderance of the evidence? From our review of the entire record, the judgment of the trial court is affirmed for the reasons set forth below.

Muriel Warren v. Henry I. Siegel Co., Inc. - W2000-01387-WC-R3-CV View
The employer has appealed two issues from the trial court: (1) Whether the ten percent (10%) of the anatomical rating provided by Plaintiff's evaluating physician should have been assigned to Plaintiff's thumbs rather than to the arms; and (2) Whether the preponderance of the evidence supports the trial court's award of ninety percent (90%) permanent partial disability to the right arm and fifty percent (50%) permanent partial disability to the left arm. From our review of the record, we affirm the trial court's judgment.

Jhy D. Johnson v. Lojac Materials, Inc. - M2000-01811-SC-WCM-CV View
In this appeal, the employer insists the award of permanent partial disability benefits based on 50 percent to the left hand is excessive. The employee contends the award is inadequate. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 04/30/2001
William Holden v. Peterbilt Motors Co. and Paccar, Inc. - M2000-00484-SC-WCM-CV View
In this appeal, the employer contends the evidence preponderates against the trial court's finding that the employee's carpal tunnel syndrome was work related and that the award of permanent partial disability benefits based on 50 percent to the arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

Bonnie Elliott v. The Blakeford at Green Hills - M2000-00512-WC-R3-CV View
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 to the Supreme Court of findings of fact and conclusions of law. The defendant, The Blakeford at Green Hills Corporation appeals the judgment of the Chancery Court of Williamson County where the trial court found: 1) the plaintiff, Mrs. Bonnie Elliott suffered a compensable work-related injury when she ruptured three extensor tendons in her left hand while working for the defendant; 2) Mrs. Elliott entitled to temporary total disability benefits for 32 weeks, and permanent partial disability benefits for 150 weeks based on a seven percent (7%) permanent anatomical impairment and twenty-eight percent (28%) vocational disability; 3) the defendant failed or refused to offer or provide medical attention to Mrs. Elliott in violation of Tennessee Code Annotated § 50-6-204 entitling her to a judgment of $711.36 for reimbursement of medical and insurance premium expenses; and 4) the defendant wrongfully and in bad faith failed to pay Mrs. Elliott's claim for temporary total disability payments entitling her to an additional judgment of $711.36. For the reasons discussed in this opinion we find that the judgment of the trial court should be affirmed as modified.

Union Bank & Trust Company v. Kirby Boles v. TN Dept of Labor - M2000-01366-WC-R3-CV View

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 to the Supreme Court of findings of fact and conclusions of law. The Second Injury Fund appeals claiming a setoff/credit for the amount of temporary total disability benefits paid to the employee by the employer and a setoff/credit for social security contribution made by the employer. For reason stated the judgment of the trial court is affirmed, and this case is remanded.

Cases posted the week of 04/23/2001
James Jones v. Firestone Tire and Rubber - W1999-02235-SC-WCM-CV View

The plaintiff appeals the trial judge’s decision that he failed to carry his burden of proof with respect to causation regarding an alleged work-related case of asbestosis. Proof of causation in such cases must be shown by expert medical testimony. The medical testimony conflicted on whether the plaintiff suffered asbestosis. One expert said the plaintiff did suffer from asbestosis; one said it could not be ruled out; the expert who testified live at trial said the plaintiff did not have the disease. The trial judge gave greater deference to the live testimony of the medical expert who found the plaintiff did not suffer from asbestosis; he is entitled to do so. We affirm.

Cases posted the week of 04/16/2001
Bridgestone/Firestone, Inc. v. Fernando Gonzales - M1999-02037-WC-R3-CV View
The defendant/counter-plaintiff, Fernando Gonzales appeals the judgment of the Chancery Court of Warren County, where the trial court found that Mr. Gonzales retained a five percent (5%) permanent vocational disability to his right and left upper extremities for his work- related bilateral carpal tunnel syndrome. For the reasons stated in this opinion, we modify the judgment of the trial court and award Mr. Gonzales a twenty percent (20%) permanent vocational disability.

Moyers v. Kemper Ins. Co., et al - E2000-01729-WC-R3-CV View
The trial court found the plaintiff's husband suffered a fatal heart attack arising out of his employment with the defendant and entered judgment accordingly. The trial court found the heart attack was caused by emotional stress rather than physical exertion. The defendant asserts the evidence preponderates against the finding of the trial court. We find the evidence does not support the judgment of the trial court. We, therefore, reverse the judgment of the trial court and dismiss this case.

Boyd Adams v. Galaxy Logistics, et al - M2000-01552-WC-R3-CV View
In this appeal, the employer insists (1) the trial court erred in finding that the worker's injury to his left leg was caused by a work-related injury to the right leg, (2) that the award of permanent partial disability benefits based on 80 percent to both legs is excessive, and (3) the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.

Shirley Alexander v. Bridgestone/Firestone, Inc. - M2000-00632-WC-R3-CV View
The plaintiff filed two suits against the plaintiff. One of the suits was for an alleged injury to or aggravation of a pre-existing injury to her right leg. The case was assigned the trial court number of 98-WC-1614. The other suit, filed on the same day was for an alleged injury to the plaintiff's left knee or leg and was assigned number 98-WC-1615. The cases were consolidated for trial and are consolidated for the appeal. The trial judge found the plaintiff did not show any injury to her right knee or leg or any compensable aggravation thereof. The trial judge found the plaintiff had sustained a compensable injury to her left knee and awarded her seventy percent permanent partial disability for the injury. We affirm the judgment of the trial court.

Joe W. Dillard v. Textron Aerostructures - M2000-01558-WC-R3-CV View
The trial court found the plaintiff sustained a 75 percent permanent partial vocational disability to the body as a whole. The defendant says the record does not support the finding that the plaintiff experienced a permanent anatomical change or a permanent aggravation of his pre-existing condition as a result of an incident on October 18, 1995, and January 2, 1996. The defendant also says the award, if any, should be limited to two and one-half times the medical impairment rating. We affirm the judgment of the trial court.

James R. Davidson v. Montgomery County School System - M1999-02066-WC-R3-CV View
The Appellant appeals from the dismissal of his claim and seeks an award for permanent partial disability benefits, temporary total disability benefits, and specified medical expenses. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the dismissal of the claim by the trial court.

Timothy Sipe v. Aquatech, Inc. and Travelers Insurance Cos. - M1999-02030-WC-R3-CV View
The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court.

Richard Moorehead v. Ryder Integrated Logistics, Inc. - M2000-00425-WC-R3-CV View
The defendant, Ryder Integrated Logistics, Inc., appeals the judgment of the Circuit Court of Davidson County, where the trial court allowed reconsideration of the plaintiff's industrial disability under Tennessee Code Annotated § 50-6-241(a)(2) and awarded a sixty percent (60%) disability to the body as a whole with a credit for earlier payments made pursuant to the original settlement order between the parties filed in the Chancery Court of Davidson County. The defendant submits that the trial court erred: (1) by allowing the plaintiff a reconsideration of his earlier award when he had received in excess of the two and one-half (2 ½) cap upon advice of former counsel; (2) by awarding additional disability benefits when the employee failed to establish disability to the extent of thirty-two and one-half (32.5%) percent he had already received; and (3) by awarding disability benefits of five (5) times the impairment rating without making specific findings of fact required by Tennessee Code Annotated § 50-6-241(c). Under the recent ruling of the Tennessee Supreme Court in Freeman v. Marco Transportation Co., 27 S.W.3d 909 (Tenn. 2000), in which the Court held that a request for reconsideration brought pursuant to Tennessee Code Annotated § 50-6-241(a)(2) must be filed in the same court that exercised jurisdiction over the original workers' compensation claim, we do not reach the issues raised by the defendant and find that the judgment of the trial court should be reversed and the cause dismissed without prejudice. Under the savings statute, the plaintiff can refile his request for reconsideration in the Chancery Court of Davidson County within one year of the date of judgment that is the final deposition in this case.

Michelle Estes v. Toshiba America, Inc. & Travelers Insurance Co. - M2000-00546-WC-R3-CV View
The defendants, Toshiba America Consumer Products, Inc. and Travelers Insurance Co. appeal the judgment of the Criminal Court of Wilson County, where the trial court found: (1) the plaintiff, Mrs. Michelle Estes, had sustained a five percent (5%) permanent partial disability to the body as a whole due to her work-related injuries; (2) Mrs. Estes had a twelve and one-half percent (12½ %) vocational disability and was limited to a recovery of two and one-half (2 ½) times her impairment rating pursuant to Tennessee Code Annotated § 50-6-241(a)(1); and (3) defendants liable for payment of $1,286.00 for chiropractic treatment rendered to Mrs. Estes by Dr. Frank C. Etlinger, D.C.. The defendants submit that the trial court erred in determining that Mrs. Estes is vocationally impaired as a result of her work-related injury and in determining that the defendants were liable for payment for the unauthorized treatment of Dr. Etlinger. For the reasons discussed in this opinion we find that the judgment of the trial court should be reversed and the cause dismissed.

Carl Griffin v. Consolidated Freightways Corp. & Travelers Property Casualty - M1999-02213-WC-R3-CV View
The sole issue raised on appeal is whether the trial court's award of sixty percent permanent partial disability to each lower extremity is excessive. 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.

Ricky Short v. Dietz Mobile Home Transport, et al - M1999-01460-WC-R3-CV View
The Appellants, Dietz Mobile Home Transport (hereinafter called the "Employer") and ITT Hartford Insurance Company (hereinafter the "Carrier") contest the amount of the trial court's award of permanent partial disability benefits on three grounds: (1) that the trial judge established and relied upon an anatomical impairment that was not a rating given by any of the three doctors who testified and that the impairment rating was too high under all of the facts in the case; (2) that the trial judge erroneously found that Ricky Short (hereinafter the "Claimant") did not have a meaningful return to work and therefore erroneously failed to cap the award at two and a half times the anatomical rating; and (3) that the trial judge's award of sixty percent permanent partial disability to the body as a whole was excessive. 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 on all of the issues raised.

Loews Vanderbilt Plaza Hotel v. Stepanie Keaton Simon - M1999-02576-WC-R3-CV View
The defendant employee, Stephanie Keaton Simon, raises two issues, arguing that the trial judge erred in (1) failing, in the face of reasonable doubt regarding causation, to grant all inferences to Simon, and (2) finding that Simon's injury did not arise in the course of her employment. The Panel concludes that the evidence does not preponderate against the finding that Simon's injury arose outside the course of her employment. Furthermore, we do not find error in the trial court's asserted failure to resolve all reasonable doubt in Simon's favor regarding causation. Therefore, we affirm the judgment of the Chancery Court for Davidson County.

Cases posted the week of 04/09/2001
Douglas Williams v. Walden Security - M2000-01273-WC-R3-CV View
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 of findings of fact and conclusions of law. In this appeal, the employer, Walden Security, insists (1) the injured employee was not a covered employee at the time of his accidental injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in assessing statutory penalties, and (4) the trial court erred in commuting the award of permanent disability benefits to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed.

Linda Ek v. Fluor Daniel, Inc. W2000-00045-SC-WCM-CV View
In this appeal, the employee or claimant, Linda Ek, contends (1) the evidence preponderates against the trial court's findings that the contract of hire was made in Mississippi and that she willingly and knowingly elected to receive benefits under Mississippi law; and (2) the conditional award of permanent partial disability benefits is inadequate. As discussed below, the panel has concluded that the contract of hire was made in Tennessee, that the employee did not voluntarily, deliberately and with full knowledge of her options, accept benefits under Mississippi law, and that the conditional award of permanent partial disability benefits should be affirmed.

Gloria Johnson v. World Color Press, Inc. W1999-01961-WC-WCM-CV View
The defendant World Color Press, Inc. appeals the judgment of the Circuit Court of Dyer County which denied defendant's claim for set-off for short-term disability benefits paid by defendant under its disability plan. We find that the trial court erred in its application of Tenn. Code Ann. § 50-6-114 and reverse the trial court's judgment on that issue. We further find that plaintiff waived consideration on appeal of her claim that defendant failed to establish that the disability plan was "employer funded" as required by the statute.

L.D. Mangrum v. Spring Industries and Zurich American Ins. Co. - M2000-01262-WC-R3-CV View
The employer appeals and contends (1) the trial court abused its discretion in refusing to admit and consider the deposition testimony of a physician and (2) erred in awarding the employee sixty-five percent disability to each leg. We sustain the contentions of the employer and modify the award to sixty-five percent to both legs.

Cases posted the week of 04/02/2001
Jennifer McGarity v. Tecumseh Products W1999-01704-WC-R3-CV View
Defendant Tecumseh Products Company appeals the judgment of the Circuit Court of Henry County awarding plaintiff permanent partial disability asserting error as to issues of notice, statute of limitations, and causation. For the reasons stated in the opinion we affirm the judgment of the trial court.

Donald Earl Mathis v. Emerson Motor Co. W1999-01792-WC-R3-CV View
The plaintiff suffered an injury to two of his fingers. The issue for review is whether the trial court erred in finding that the plaintiff sustained an 85 percent permanent partial disability to the right arm. We reverse the trial court and modify the judgment to award the plaintiff 85 percent permanent partial disability to the right hand.

Jack Mason Clarke v. Protection Services, Inc. - M2000-00360-WC-WCM-CV View
The trial court found the plaintiff suffered a compensable injury and entered a judgment which found he had sustained a sixty-nine percent vocational impairment to the body as a whole. The trial judge also awarded temporary total disability benefits and medical benefits. We reverse judgement of the trial court.

Philips Consumer Electronics v. Jennings - E2000-00791-WC-R3-CV View
This workers' compensation suit was instituted by the employer. The trial judge found the employer should pay all medical care necessary for the treatment of an injury at work, that no temporary total benefits were owed, and that the employee suffered no permanent disability. We affirm the judgment of the trial court.

Traylor v. North American Royalties, Inc. - E2000-01053-WC-R3-CV View
The trial court granted the defendant's motion for summary judgment and dismissed the plaintiff's petition to reopen his previously settled workers' compensation case under the provisions of Tennessee Code Annotated § 50-6-241(a)(2). We reverse and remand the case to the trial court for further proceedings in accordance with this opinion.

Thomas Whited, a minor, by Audrey Whited v. Wilson Farmers Coop., et al - M2000-00833-SC-WCM-CV View
In this appeal, the employer insists the trial court erred in its resolution of the issues of causation, permanency, extent of permanent disability, medical expenses and discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed.

Tammy Preuett v. Service Merchandise Co., Inc., d/b/a PARGH Co. - M2000-00636-WC-R3-CV View
In this appeal, the appellant insists the trial court erred in disallowing her Tenn. R. Civ. P. 60 motion for relief from a final judgment. As discussed below, the panel has concluded the judgment should be affirmed.

Cheryl Ellis v. Smith County Coatings, Inc. and Clarendon National Ins. Co. - M1999-02336-WC-R3-CV View
In this appeal, the employee insists the trial court erred in dismissing her claim for failure to give written notice of her claimed injury and for insufficient proof of compensability. As discussed below, the panel has concluded the judgment should be affirmed.