The following Opinions are available for download:
Cases posted the week of 06/19/2006
Cynthia A. Fisher v. Plus Mark, Inc. - E2005-00992-WC-R3-CV View
Greene County - The trial court awarded the Employee a 50 percent vocational disability for bilateral carpal tunnel syndrome. The Employer appeals asserting that the award is excessive. The judgment of the trial court is affirmed.
Susan Cespedes v. Sodexho Marriott Services, et al - M2005-00284-SC-WCM-CV View
Washington County - The employee appeals the trial court’s finding that the preponderance of the evidence failed to prove that the work accident caused the injury to her lower back. The judgment of the trial court is affirmed.
Janie Belle Corn v. HHS - M2004-02319-SC-WCM-CV View
Franklin County - The Plaintiff has appealed the action of the trial court, which determined that the Plaintiff's cause of action is barred by the statute of limitations and by failure to provide notice timely in accordance with the law. Upon our consideration of all of the evidence, we find that the evidence preponderates in favor of the findings of the trial court, and we affirm.
Cases posted the week of 06/12/2006
Johnny Collins v. Mid-South Uniform, et al. - M2005-00264-WC-R3-CV View
Coffee County - Plaintiff Johnny Collins (“Employee”) filed two complaints, one for a shoulder injury and the second for bilateral carpal tunnel syndrome. The complaints were consolidated for trial by agreement. The trial court awarded Employee 200 weeks of compensation for the shoulder injury and 200 weeks of compensation for the bilateral carpal tunnel syndrome. Defendants Mid-South Uniform Service, Inc., and Zenith Insurance Company (collectively “Employer”) appeal. We modify Employee’s award for the shoulder injury to 60 weeks of compensation. We affirm Employee’s award for the bilateral carpal tunnel syndrome.
Arthur Perry v. NPS Energy Services, Inc., et al. - W2005-00134-WC-R3-CV
View
Shelby County - In this appeal the Appellant/Defendant ("Employer") asserts the trial judge erred in finding the statutory cap of two and one-half multiplier set forth in Tennessee Code Annotated section 50-6-241(a)(1) did not apply, and applying the six times multiplier set forth in Tennessee Code Annotated section 50-6-241(6). Further, Employer alleges that the trial judge erred in finding that Appellee/Plaintiff ("Employee") was unable to make a meaningful return to work as set forth in Tennessee Code Annotated 50-6-241. Employer further avers that the trial judge erred in allowing a co-employee to testify as a rebuttal witness when his testimony did not rebut any testimony given by Employer's proof. We conclude the evidence fails to preponderate against the findings of the trial court, and we affirm the judgment of the trial court.
Cases posted the week of 05/292006
Jeffery L. Barnett v. City of Murfreesboro - M2005-00275-SC-WCM-CV View
Rutherford County - In this appeal, the Employer asserts that the trial court erred in finding a heart attack suffered by the Employee arose out of his employment with the City of Murfreesboro and in awarding medical benefits for the implantation of intra-coronary stints that the employer alleges is treatment for a pre-existing condition and not a work-related injury. We agree with 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.
Harlan Embry v. United Parcel Service - M2004-02395-WC-R3-CV View
Davidson County - The Employee has appealed the findings of the trial court, which determined that the Employee is entitled to recover benefits for a permanent partial disability rating of 12.5% apportioned to the right upper extremity and no disability to the left upper extremity, both cubital tunnel injuries. The trial court also found no compensable injury accorded to the Employee's claim for benefits due to his bilateral carpal tunnel syndrome. Further, the Employee appeals from the failure of the trial court to award discretionary costs to him pursuant to the provisions of Rule 54.04 of the Tennessee Rules of Civil Procedure. Finally, the Employee has asked the Panel to consider post-judgment facts and render a decision with regard to interest. We hold that the judgment should be affirmed in part, reversed in part, and remanded.
Monica D. Perry v. GAP, Inc. - M2004-02525-WC-R3-CV View
Macon County - The treating specialist found the Employee not to be impaired due to a pinched nerve in her neck, which was resolving. An independent medical examiner [IME] testified that she retained an 8 percent permanent partial disability impairment. The trial judge accepted the opinion of the IME and awarded the Plaintiff 20 percent permanent partial disability. We do not find that the evidence preponderates against the holding of the trial court. Accordingly, the judgment of the trial court is affirmed.
Estate of Dennis McFerren v. Infinity Transport - W2004-02278-SC-WCM-CV View
Shelby County -We find that the trial court did not have jurisdiction over the defendant in the first lawsuit due to insufficient service of process pursuant to Tennessee Rule of Civil Procedure 4.03. The doctrine of prior suit pending does not apply, and the second lawsuit was not barred. The trial court erred in setting aside the default judgment against the defendant and dismissing the plaintiff’s complaint. Accordingly, we reverse the judgment of the trial court and remand the case to the trial court for reinstatement of the default judgment against the defendant
Cases posted the week of 05/22/2006
Sandra David v. Saturn Corporation - M2004-02104-SC-WCM-CV View
Maury County - Saturn’s employer-funded disability plan paid the Plaintiff disability benefits after reaching maximum medical improvement when she was placed out of work because her physician-ordered restrictions could not be accommodated. The Plaintiff claims error in the offsetting of these disability payments. The judgment of the trial court is affirmed.
Jeffrey Dean Bledsoe v. City of Dickson-Department of Police - M2005-00919-WC-R3-CV View
Dickson COunty - The Plaintiff, a thirty-seven year old police officer, suffers from mild hypertension, readily controlled by medication. He claims that the stress of his job causes his hypertension, and relies on the presumption created by Tennessee Code Annotated section 7-51-201(a)(1) to support this claim. The trial court held that this presumption was not rebutted and found that the Plaintiff retained a 3 percent anatomical disability owing to the hypertension. We find that the presumption was sufficiently rebutted, and that the evidence preponderates against a finding that the Employee’s hypertension arose
Robert Merrimon v. Bridgestone/Firestone, Inc. - M2003-01978-SC-WCM-CV View
Rutherford County - The employee complained of back pain for many years, culminating in a workers’ compensation complaint alleging disability owing to his back problems, with little specificity. The trial court concluded that the Plaintiff’s condition was not caused by his employment. The judgment of the trial court is affirmed.
Deborah Coleman v. Kellogg USA, Inc. - W2005-00771-WC-R3-CV View
Shelby County - The trial court granted summary judgment based upon notice, the statute of limitations, and the hernia statute. We find summary judgment in this case was inappropriate, reverse the judgment of the trial court, and remand the case for further proceedings consistent with this opinion.
Cases posted the week of 05/08/2006
Chad Conatser V. Metro Ready Mix, et al. - M2005-00814-WC-R3-CV View
Coffee County - The Plaintiff alleged a cervical injury apparently owing to two separate events, including an injury sustained while exercising on the job, and another injury occurring when the truck he was driving ran into a hole and bounced him upward, jamming his neck. A number of medical physicians found no basis for his complaint. A chiropractic physician, by a range of motion study, opined that he retained a 26 percent impairment. The trial court found that the Plaintiff
Cases posted the week of 05/01/2006
Sandra Tomlin v. Federal Reserve Bank et al - M2005-01401-WC-R3-CV View
Sumner County - The Plaintiff asserted gradually occurring back problems coupled with arm injuries, long subsisting. Her treating physician diagnosed degenerative disc disease, aggravated by the duties of her job. An independent medical examiner, and another physician, disagreed, finding no organic basis for her complaints, which implicated malingering.
Stacy Bold v. Sonoco Products, et al. - W2004-02956-WC-R3-CV View
Madison County - The Employee has appealed the findings of the trial court, which determined that the Employee's claim was not compensable because she failed to establish a causal connection between her cervical injury and her employment. We conclude that the evidence is sufficient to establish causation. Therefore, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.
Danny Conger v. U. S. Food Service, Inc. - W2005-00123-WC-R3-CV View
Carroll County - The Employer has appealed the findings of the trial court, which determined that the Employee is entitled to recover permanent partial disability of 55% apportioned to the body as a whole. We conclude that the trial court erred in denying the Employer the right to obtain an independent medical evaluation, and, under the facts of this case, that decision was so prejudicial that it constitutes reversible error. We remand the case to allow the Employer to obtain an independent medical evaluation and for retrial.
Cases posted the week of 04/10/2006
Robert Oates, Sr. v. Pinkerton Government Svcs.. - E2004-02671-WC-R3-CV View
Hamilton County - The trial court awarded Plaintiff 100 percent permanent disability. Defendant contends that Plaintiff’s pre-existing cancer and not a work-related event was the cause of his disability. Plaintiff argues the trial court was in error in failing to provide that all medical expenses be paid directly to the Plaintiff. Judgment of the trial court is affirmed.
Bobby Bruner v. Odom Construction Systems - E2004-02862-WC-R3-CV View
Knox County - The trial court awarded Plaintiff 100 percent permanent disability. On appeal, Defendant argues (1) the trial court was in error in finding Plaintiff’s headaches and depression were caused by the accident and, (2) the evidence does not support a finding of total permanent disability. The judgment is affirmed.
Cases posted the week of 04/10/2006
Royal & Sunalliancee v. Richard L. Loyd - M2005-00126-WC-R3-CV View
Rutherford County - The Employee suffered a carpal
tunnel injury to both hands. Surgery was performed on both hands
with good results. The same medical impairment was awarded for
each arm, but the trial court awarded 8 percent vocational disability
to the left arm, and 32 percent to the right arm. The Employer
appeals arguing that there is no factual basis for the 400 percent
difference. We affirm.
Charles Cross v. Norrod Builders, et al - M2005-00743-WC-R3-CV View
Putnam County - In this appeal, the employer
asserts that the trial court erred in failing to order the
Employee to submit to a medical examination requested by the
Employer, in admitting improper evidence concerning a Form
C-32, Standard Form Medical Report for Industrial Injuries
(C-32) submitted by the Employer, in failing to consider that
C-32, and in awarding to the Employee 75% permanent partial
disability to the body as a whole as a result of an injury
sustained during the course of his employment with Norrod Builders,
Inc. We conclude that the trial court committed no error and
the evidence presented does not preponderate against the findings
of the trial judge. In accordance with Tennessee Code Annotated §50-6-225(e)(2),
the judgment of the trial court is affirmed.
Cora Earls v. Sompo Japan Ins. Co. et al - M2004-02223-WC-R3-CV View
Warren County - In this appeal, the employer asserts that the trial court erred in finding the employee had sustained a compensable injury during the course of her employment with Calsonic Yorozu Corporation and in awarding the employee 44% permanent partial disability. We conclude that the evidence presented does not preponderate against the findings of the trial judge and, in accordance with Tennessee Code Annotated section 50-6-225(e)(2), affirm the judgment of the trial court.
Debra Seybold v. Clarksville Montgomery County Schools - M2005-00259-WC-R3-CV View
Montgomery County - In this appeal, the employee
asserts that the trial court erred in finding that the employee
failed to prove a work-related injury and in dismissing her claim
for workers' compensation benefits. We conclude that the evidence
presented does not preponderate against 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.