TN AOC - Workers Compensation Panel Opinions 2nd Qtr 2003

Workers' Compensation Opinions - 2^ndQuarter 2003

The following Opinions are available for download:

Cases posted the week of 06/23/2003
Shirley Hensley v. England/Corsair Upholstery - E2002-01763-WC-R3-CV View
Claiborne County - The trial court awarded 50 percent permanent partial disability to the body as a whole. The employer has appealed insisting the expert medical testimony is not sufficient to support the award. The judgment is affirmed.

Ralph Gholston v. Brown Chain Link Fence - M2002-02038-WC-R3-CV View
Marion County - In this appeal, the employer insists (1) the evidence preponderates against the trial court's finding of permanent and total disability and (2) the trial court erred by ordering the non-commuted benefits to be paid over a shortened period of time. As discussed below, the panel finds no reversible error in the record, but modifies the judgment with respect to the second issue, there being no objection to it.

James Lattimore v. CNA Insurance - M2002-01718-WC-R3-CV View
Wilson County - In this appeal, the Second Injury Fund insists the trial court erred in awarding disability benefits in excess of the limitation provided by law where the injured worker was more than sixty years old at the time of the injury. As discussed below, the panel has concluded the Second Injury Fund is not entitled to credit for overpayment made by the employer.

Cases posted the week of 06/02/2003
Darlene Singleton v. Shelby Williams, Inc. - E2002-01697-WC-R3-CV View
Grainger County - The defendant appeals the trial court's decision awarding the plaintiff compensation of $85,228.80 for a sixty percent permanent partial disability to each arm. Specifically, the defendant argues that the trial court erred: in allowing the introduction of the standard medical report or deposition of Dr. William Gutch into evidence; in accepting the testimony and opinion of Dr. Gutch over that of the treating physician; and by awarding a sixty percent permanent partial disability to each arm. We affirm the judgment of the Circuit Court.

Michael Palmer v. Minco, Inc. & Hartford Underwriters - E2002-01634-WC-R3-CV View
Greene County - The defendant appeals the trial court's decision to award a partial vocational disability of sixty-one percent to each hand. Specifically, the defendant argues that the trial court erred in finding the plaintiff had suffered a permanent anatomical injury and thus erred in awarding permanent disability benefits or alternatively that the evidence presented in the case does not support the award of permanent partial disability. We affirm the judgment of the Chancery Court.

Cases posted the week of 05/26/2003
Linda Pinkard v. Findlay Industries - M2000-01320-WC-R3-CV (Filed July 2001) View
Warren County - In this appeal, the employer insists (1) the trial court's finding of permanent partial impairment or disability is contrary to the preponderance of the evidence, (2) the trial court erred in denying the employer's request for the appointment of a neutral physician, and (3) the award of permanent partial disability benefits on the basis of 60 percent to the body as a whole is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

Barbara Pritchett v. Wal-Mart Stores - E2001-01257-WC-R3-CV View
McMinn County - The employee appeals the dismissal of her claim for workers' compensation benefits asserting that the trial court erred in admitting findings of the Social Security Administration, and in finding that her injury was non-compensable. We affirm.

Cases posted the week of 05/19/2003
Robert Foster v. Morrow Trucking, Inc., et al. W2002-00041-SC-WCM-CV View
Hardin County - The trial judge found the plaintiff sustained a compensable injury to his back as a result of a fall. Further, the trial judge found the plaintiff had sustained a previous disabling condition by reason of diabetes and spondylolisthesis, which were non-work related conditions, and found that the current disability coupled with the pre-existing disabilities rendered the plaintiff totally and permanently disabled. The trial judge applied Tenn. Code Ann. § 50-6-208(a) and ordered the award to be compensation for a period of 842 weeks and 8 days. The defendant was ordered to pay 421 weeks and 4 days of the award and the Second Injury Fund was ordered to pay 421 weeks and 4 days of the award thereafter. The trial judge, however, failed to make specific findings of fact regarding the extent of disability the employee would have experienced without any preexisting disabilities. We therefore remand the case so that such a determination can be made.

Elizabeth Whitlow v. Milan Seating - W2002-00451-SC-WCM-CV View
Gibson County - The plaintiff developed bilateral carpal tunnel syndrome arising out of and in the course of her employment by the defendant. The trial judge found the plaintiff had sustained a 10 percent permanent partial impairment to each arm. The plaintiff appeals from the judgment of the trial court and says the trial judge erroneously excluded the deposition testimony of an orthopedic surgeon and further says the evidence preponderates in favor of an award in excess of 10 percent to each arm. We find the award should be set at 35 percent to each arm.

Cases posted the week of 05/12/2003
Randy Selby v. Highways, Inc. - M2002-00340-SC-WCM-CV View
Putnam County - The defendant appeals the trial court's decision on the grounds that it argues that the medical testimony preponderates against the trial court's finding that the August 22, 1998, incident was the cause of the plaintiff's psychological injury, that the trial court erroneously allowed Dr. John Averitt, a clinical psychologist, to testify on the issue of permanency and causation, that the trial court erroneously relied upon the testimony of Dr. Averitt in weighing the medical expert evidence, and that the trial court erroneously allowed Dr. Averitt to testify on the issue of maximum medical improvement. We affirm the decision of the trial court but modify the judgment as to the date of the plaintiff's maximum medical improvement.

Cases posted the week of 05/05/2003
Clois Junior Clark v. Peterbilt - M2002-00452-WC-R3-CV.View
Sumner County - The plaintiff filed this compensation complaint in which he alleged he sustained injury to both arms as a result of continuing repetitive use thereof while working as a welder for the plaintiff. The trial judge found in favor of the plaintiff and awarded him temporary total disability benefits and found he had sustained a 30 percent permanent partial impairment to both arms. The defendant contends the trial judge erred in finding the plaintiff's medical problems arose out of and in the course of his employment and that the award of 30 percent impairment to each arm was excessive. We affirm the judgment of the trial court.

City of Red Bank v. Kimilla Cofer - E2002-00192-WC-R3-CV View
Hamilton County - The City of Red Bank brought this suit against Kimilla Cofer, a police officer, to determine if it was liable under the provisions of the Workers' Compensation Act for injuries sustained by her in an automobile accident. The trial court found the injuries suffered by Cofer did not arise out of or in the course of her employment with the City. We affirm the judgment of the trial court.

Walter Denton v. Liberty Mutual - E2002-00872-WC-R3-CV View
Hamilton County - The defendant appeals from a judgment in favor of the plaintiff which found the plaintiff's present medical condition and injury to his foot and ankle was a continuation of his original injury which occurred while working for Liberty Mutual's insured, McKeehan Chair Company, and not a new injury within the meaning of the workers' compensation laws of the State of Tennessee. The defendant contends the injury in this case was a new injury or the aggravation of an old injury which occurred as a result of an on the job accident the plaintiff suffered in 1999 while working for Bishop Baking Company, the plaintiff's present employer. The trial judge found the plaintiff's problem was a continuation of the injury received while working for the defendant and ordered the defendant to pay for treatment of the plaintiff's foot. We affirm the judgment of the trial court.

La-Z-Boy v. Patricia Van Winkle - E2002-01423-WC-R3-CV View
Rhea County - In this case, the employer, La-Z-Boy, Inc., filed suit to resolve a workers' compensation dispute between La-Z-Boy, Inc., and Patricia Van Winkle, its employee. The trial court found the defendant sustained a one percent medical impairment to her left arm as a result of carpal tunnel syndrome and awarded her fifty percent disability to her left arm. The court found the defendant suffered no disability to the right arm as a result of carpal tunnel syndrome. The employer appealed the judgment and avers the trial court award is excessive based upon the medical evidence in this case. The employee asserts the trial court should have found her to be one hundred percent disabled based upon the evidence in the case. Further, the employee argues that the trial judge erroneously allowed an occupational therapist to give opinions on medical matters which were beyond his field of expertise. We reverse the judgment in this case and remand the case to the trial court for further proceedings.

Cynthia Walker v. Advance Transformer - E2001-03074-WC-R3-CV View
Morgan County - The Second Injury Fund claims the trial court erred (1) in failing to make specific finding of the extent of the employee's disability attributable to a scheduled member as a percentage of her total disability, and (2) by ordering the Second Injury Fund to pay permanent and total disability benefits to age 65 after the employer paid 60 weeks of benefits for the injury to a scheduled member. We modify in part, reverse in part and remand.

Cases posted the week of 04/28/2003
Teresa Crisp v. Liberty Mutual - M2002-01236-SC-WCM-CV View
Fentress County - In this appeal, the employee insists the trial court erred in summarily dismissing her claim for insufficient evidence of a connection between the employment and the State of Tennessee. As discussed below, the panel has concluded there is no genuine issue of material fact and that the employee's insurer is entitled to judgment as a matter of law.

Larry White v. Federated Mutual - M2002-00621-SC-WCM-CV View
Maury County - The trial court found the plaintiff had suffered a 16 percent loss of his left arm and 28 percent loss to his right arm and entered judgment accordingly. The trial court further ordered the defendant to hold the plaintiff harmless for any subrogation claims against him for recovery of medical bills paid by an insurance company under a policy for health care owned by the plaintiff. The defendant says the evidence does not support a finding the plaintiff was injured in the course and scope of his employment with the defendant; the court erred in not finding the last injurious rule should apply; there is no showing the plaintiff suffered any vocational disability to his arms, and that the trial court erred by finding the defendant should hold the plaintiff harmless for any subrogation claims of a health insurance policy for payment made on behalf of the plaintiff for treatment of the carpal tunnel syndrome. We affirm the judgment of the trial court.

Jewell Winningham v. Findlay Industries - M2002-02059-WC-R3-CV View
Warren County - In this appeal, the employee insists the trial court erred in denying her application for reconsideration pursuant to Tenn. Code Ann. § 50-6-241(a)(2). As discussed below, the panel has concluded that, under the circumstances, the claimant is entitled to an evidentiary hearing to determine whether she is entitled to an increased award.

Cases posted the week of 04/21/2003
Phineas Dorris v. American Limestone Company - M2002-00741-WC-R3-CV View
Robertson County - In this appeal, the employer questions the trial court's findings as to notice, 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.

Ken Randall Allmon v. Wolf Tree Experts, Inc., et al - M2002-00366-WC-R3-CV View
Cannon County - The trial judge found the plaintiff suffered an injury to both arms which resulted in a permanent partial impairment of 50 percent to both. The defendant says the trial court erred in finding the plaintiff suffered any injury to his right arm and that the award of 50 percent to the left arm is excessive. We modify and affirm the judgment of the trial court.

Cases posted the week of 04/21/2003
Gary Lindsey v. Philips Electronics, N.A.C. - E2002-00396-WC-R3-CV View
Jefferson County - The employer appeals a finding of permanent and total disability asserting that the injury is to a scheduled member. We affirm.

Bobbie Jean Satterfield v. Lions Volunteer Blind- E2002-00969-WC-R3-CV View
Hamblen County - The trial court awarded the employee 75 percent disability to each arm. The employer has appealed insisting the award is excessive. The judgment is affirmed.

Patsy .Holcomb v. Memorial Healthcare - E2002-01226-WC-R3-CV View
Hamilton County - The trial court awarded the employee 60 percent permanent partial disability to her right leg. The employer contends the award of disability is excessive. The judgment is affirmed.

Cases posted the week of 04/07/2003
Lucille Cotham v. Perry County - M2002-01723-WC-R3-CV View
Perry County - In this appeal, the appellants insist the trial court erred in summarily dismissing the claim. As discussed below, the panel has concluded there is no genuine issue as to a material fact and that the employer is entitled to judgment of dismissal as a matter of law.

Buford Prince v. City of Tullahoma - M2002-00619-WC-R3-CV View
Coffee County - In this appeal, the employee insists (1) the trial court erred in limiting his award of disability benefits to the maximum of 400 weeks times his weekly compensation rate and (2) the trial court erred in applying his award of temporary total disability benefits against the maximum. As discussed below, the panel finds no reversible error.

Cases posted the week of 03/31/2003
Whirlpool Corp. v. James Neville - M2002-00187-WC-R3-CV View
Davidson County - The plaintiff (employer) appeals the trial court's decision that the disc herniation in the defendant’s (employee’s) neck, resulting in cervical radiculopathy, was a gradually occurring injury that arose out of and in the course of his employment with the plaintiff. The plaintiff also appeals on the grounds that it contends that proper notice was not given and that the claim should have been barred by the statute of limitations. We affirm the decision of the trial court.