Worker's Compensation Opinions - 3rd Quarter 2001
The following Tennessee Worker's Compensation Opinions are available for download:
>Cases posted the week of 09/24/2001
Ida Perry v. Copeland Electric Corp. - W2000-02022-SC-WCM-CV
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Gibson County - In this appeal, the appellant insists
(1) the trial court erred in granting the plaintiff's motion to amend her
complaint, (2) the trial court erred in finding that the plaintiff sustained an
injury arising out of and in the course and scope of her employment, (3) the
trial court erred in finding that the plaintiff suffered any permanent partial
disability related to any alleged injury and (4) the trial court erred in
finding that the claim is not time barred. As discussed below, the panel has
concluded the judgment should be affirmed.
Newman v. Snap-on, Inc. - E2000-02531-WC-R3-CV
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Washington County - The plaintiff alleges that she
injured her low back during the course of her employment on June 24, 1998 which
resulted in a surgical correction followed by permanent impairment. The
defendant raised the issue of causation, alleging that the plaintiff's
condition was the result of degenerative disc disease, not work-related. The
trial court found that the plaintiff suffered a compensable injury as alleged,
as a result of which she sustained a 9 percent impairment, entitling her to an
award of 22 ½ percent. Affirmed
Mary Ellen Barnes v. Yasuda Fire and Marine Ins. Co. - W2000-02559-SC-WCM-CV
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Shelby County - In this appeal, the employee insists
the evidence preponderates against the denial of workers' compensation benefits
and asks this tribunal to determine the extent of her vocational impairment. As
discussed below, the panel has concluded the judgment of dismissal should be
reversed, the conditional award of permanent partial disability benefits based
on 30 percent to the body as a whole affirmed, and the cause remanded with
instructions.
Cases posted the week of
09/17/2001
Ivey v. Long Hollow Leasing Inc. - M2000-02112-WC-R3-CV
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Macon County - In this appeal, the defendant-employer
contends the trial court abused its discretion by (1) awarding the
plaintiff-employee a default judgment after the defendant failed to obey an
order compelling discovery, and by (2) denying its motion for a new trial. As
discussed below, the panel has concluded the judgment should be affirmed.
Marilyn Reddick v. Murray, Inc. - W2000-02178-SC-WCM-CV
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Madison County - In this appeal, the plaintiff insists
the trial court erred in dismissing her claim at the close of her proof. As
discussed below, the panel has concluded the judgment should be reversed and
the cause remanded for full trial of all issues fairly raised by the pleadings.
Tindell v. Travelers Ins.
Co. - E2000-01488-WC-R3-CV
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Jefferson County -The trial judge found the
plaintiff had failed to show he had suffered a compensable injury and dismissed
the petition.
Cases posted the week of
09/10/2001
Susan Mason v. Old Time
Pottery, Inc. - M2000-00226-SC-WCM-CV
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Rutherford County -The plaintiff, Ms. Susan
Mason, appeals the judgment of the trial court dismissing the case at the
conclusion of trial after finding that Ms. Mason did not sustain a compensable
workers' compensation injury because did not carry her burden of proof that the
fall she had while working for the defendant, Old Time Pottery, aggravated her
pre-existing condition and/or caused her to have back surgery. The trial court
also ruled that had it found that this had been a work-related injury it would
have awarded Ms. Mason a 35% permanent partial disability to the body as a
whole. For the reasons set out in this opinion, we affirm the judgment of the
trial court.
Bobbie Woods v. Maytag
Jackson Dishwashing Products - W2000-02212-SC-WCM-CV
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Madison County -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 to the Supreme Court of findings of fact and conclusions
of law. In this appeal, the employer contends the evidence preponderates
against the trial court's finding that the employee's claim for disability
resulting from left carpal tunnel syndrome is not time-barred. As discussed
below, the panel has concluded the judgment should be affirmed.
Cases posted the week of
09/03/2001
Hicks v. Kroger Food - E2000-01449-WC-R3-CV
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Anderson County - The plaintiff filed a petition
under Tennessee Code Annotated § 50-6-241(a)(2) for reconsideration of her
previous workers' compensation award, which was awarded to her by an order
dated March 25, 1999 and which limited her to an award of seventeen percent
based upon the two and one-half times the medical impairment rating she
sustained as a result of an injury on December 12, 1996, because she returned
to work at a rate of pay equal to or greater than what she received prior to
the injury. The trial judge found the plaintiff could properly file for
reconsideration and increased the amount of the plaintiff recovery from
seventeen percent permanent partial vocational disability to forty percent
partial vocational disability. We reverse the judgment of the trial
court.
Lee v. T.I.G.
Insurance Co. - E2000-02726-WC-R3-CV
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Knox County - The trial court based its findings
on both the lay and expert testimony–notably the fact that the employee
had been performing his job for seventeen or eighteen years and as a result of
the incident was unable to continue in his position because of his age. The
trial court also noted the plaintiff's "obvious limitations as to education and
intellectual ability" as well as the vocational disability experts opinions
that the plaintiff's occupational loss was between 45 and 80%. The evidence
does not preponderate against the trial court's findings in this regard. The
judgment of the trial court is affirmed.
Williamson v. Sentry
Insurance - E2000-01639-WC-R3-CV
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Campbell County - The trial judge found the
plaintiff sustained a 44 percent permanent disability to the body as a whole.
Further, the trial court awarded the plaintiff temporary disability benefits
from February 16, 1994, until January 5, 1996. We affirm the judgment of the
trial court.
Cases posted the week of
08/27/2001
Reece v. Liberty Mutual - E1997-00276-WC-R3-CV
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Claiborne County - The trial court found the plaintiff
sustained a 40 percent vocational disability to the body as a whole as a result
of exposure to formaldehyde which caused permanent respiratory injury. The
trial judge found the plaintiff failed to show by a preponderance of the
evidence that he sustained any psychiatric injury as a result of the accident.
We affirm the judgment of the trial court.
Revis v. Roane
County - E2000-01709-WC-R3-CV
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The trial court dismissed the complaint finding the injury did not
arise out of and in the course of employment. On appeal it was determined the
injury arose out of employment but did not occur in the course of employment.
Judgment of the trial court is affirmed.
Fristoe v.
Citizens Utilities Co.- M2000-01736-WC-R3-CV
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Putnam County - The defendants appeal the judgment of
the trial court awarding the employee, a telephone lineman, 95% vocational
disability for injuries he sustained falling off a telephone pole. The
defendants assert that the trial court erred in determining Mr. Fristoe's
vocational disability rating by failing to give appropriate consideration to
the findings of the treating physician in this case. For the reasons set out in
this opinion, we affirm the judgment of the trial court.
Prosser
v. Bedford County Board of Education - M2000-02424-SC-WCM-CV
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In this appeal, the employer, Bedford County Board of Education,
insists (1) the trial court erred in finding the employee provided the employer
with proper notice of her injury, (2) the award of permanent partial disability
benefits based on 42 percent to the body as a whole is excessive, (3) the trial
court erred in awarding temporary total disability benefits for the period of
April 4, 1996 through September 4, 1998, for a total of 129 weeks, (4) the
trial court erred in ordering the employer to be responsible for the bills of
non-approved physicians, and (5) the trial court erred in ordering the employer
to reimburse the carriers who already partially paid the medical bills, even
though they were not parties to the case. As discussed below, the panel has
concluded the award of medical benefits to non-parties should be vacated, the
award of temporary total disability benefits modified and the judgment
otherwise affirmed.
U. S. Pipe v. Camp - E2000-01198-WC-R3-CV
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Hamilton County - The trial court found the employee
had sustained a temporary injury to his back and awarded medical benefits to
treat his symptoms. On appeal the employee insists his injury was of a
permanent nature. Judgment of the trial court is affirmed.
Cases posted the week of
08/27/2001
Ryder Driver Leasing, Inc.
v. Wilson - E2000-00905-WC-R3-CV
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The trial court found the plaintiff had a compensable psychiatric
injury. We affirm the findings of the trial court.
Cases posted the week of
08/20/2001
Sonnie Wood v.
Porter Cable Corp. & Van DeKamp's, Inc. W2000-01771-SC-WCM-CV
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Madison County - The Defendant/Appellant Van De
Kamp's, Inc., and Defendant/Appellee Porter Cable Corporation, appeal the
judgment of the Chancery Court of Madison County awarding Plaintiff/Appellee,
Sonnie Gail (Phillips) Wood, thirty percent (30%) permanent partial disability
to the right arm and twenty percent (20%) to the left arm. Van De Kamp's, Inc.
raises three additional appellate issues: (1) Whether the trial court erred in
finding that the "Last Injurious Exposure Rule" applied to the facts in this
case; (2) Whether the trial court erred in granting Porter Cable Corporation a
directed verdict at the close of Plaintiff's proof; and (3) Whether Porter
Cable Corporation's inaction when given notice of Plaintiff's injury estops
them from denying liability. Defendant Porter Cable raises three additional
appellate questions: (1) Whether the trial court erred in applying the "Last
Injurious Exposure Rule"; (2) Whether it was harmless error for the trial court
to grant Porter Cable Corporation a directed verdict; and (3) Whether equity
was achieved when Plaintiff's injury worsened at Van De Kamp's. From our review
of the record, we affirm the trial court's judgment as modified.
Ronnie Inman v. Emerson Electric Co. W1999-02245-SC-WCM-CV
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Gibson County - The trial court found the plaintiff
sustained a twenty-five percent permanent partial disability to the body as a
whole. The defendant disputes the finding. We affirm the judgment of the trial
court.
Bridgestone/Firestone, Inc. v. Phillip
Goins - M2000-01379-WC-R3-CV
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Davidson County - In this case, the employer contends
the trial court erred in (1) finding that the gradual aggravation of a
claimant's pre-existing arthritic condition over the course of twenty-one years
is a compensable accident under the Workers' Compensation Act and (2) assessing
a 75% vocational disability for an injury not wholly attributable to
employment. As discussed below, the panel has concluded that the judgment of
the trial court should be affirmed on both issues.
Donnie Sartain v. Eldeco,
Inc., et al - M2000-02634-WC-R3-CV
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Franklin County - In this case, the employer contends
the trial court erred in awarding permanent partial disability in the amount of
75% to the body as a whole and in allowing vocational expert testimony
amounting to a legal conclusion. As discussed herein, the panel has concluded
that the judgment of the trial court should be affirmed.
Wayne
Wood, Meadowbrook Insurance & Association Self Insurance Services, Inc. v.
Sammy Benson - M2001-00107-WC-R3-CV
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Lewis County - The issue on appeal is whether the
trial court erroneously granted a partial lump sum commutation of permanent
total disability benefits. This panel has concluded that the judgment of the
trial court should be affirmed as modified.
Willis Melton
v. Butch Bowman d/b/a Bowman's Trailer Transport and Repair - M2000-02960-WC-R3-CV
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Overton County - The issue on appeal presented by
employer/appellant is whether the trial court abused its discretion in refusing
to grant the appellant's motion pursuant to Rule 60.02(1)(5) of the Tenn. R.
Civ. P. The panel has concluded that the judgment of the trial court should be
reversed because the notice requirement of due process was not
satisfied.
Bobby Smith v. Findlay Industries, Inc., et al - M2000-02327-WC-R3-CV
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Warren County - The employer/appellant contends the
trial court erred in 1) awarding 100% permanent partial disability to the right
upper extremity, and 2) computing the employee's average weekly wage and
benefit rate. As discussed herein, the panel has concluded that the judgment
awarding 100% permanent partial disability to the right upper extremity should
be affirmed, and that the determination of the average weekly wage and benefit
rate is incorrect and should therefore be remanded to the trial court.
James Morris v. Zurich American Ins. Co., et
al - M2000-02090-WC-R3-CV
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Macon County - The issues on appeal are (1) whether
the trial court erred in determining that the employee suffered a compensable
work-related shoulder injury, and (2) whether the vocational disability ratings
as awarded were excessive. The panel has concluded that the judgment of the
trial court should be affirmed.
Cases posted the week of
08/06/2001
Jessie M.
Frederick v. Bowevil Express, Inc., et al. - W2000-02231-WC-R3-CV
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Chester County - In this appeal, the employer
insists the award of permanent partial disability benefits based on 25 percent
to the left arm is excessive. As discussed below, the panel has concluded the
judgment should be affirmed.
Brewer v. Michael Dunn
Center - E2000-01298-WC-R3-CV
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Roane County - The trial court found the plaintiff had
sustained an injury to her left shoulder in the course and scope of her
employment that resulted in 54 percent permanent partial disability. We affirm
the judgment of the trial court.
Moore v. Yale Security, Inc. - E2000-01757-WC-R3-CV
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Loudon County - The trial court found that this action
was barred by the statute of limitations.
McNew v. Knox County,
ex rel : Sheriff's Dept. - E2000-01319-WC-R3-CV
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The complaint alleged that the plaintiff sustained job-related injuries
on or about July 4, 1998 within the scope of his employment. The answer denied
occurrence or notice of an accidental injury. The plaintiff had an unusual
history of injuries to his right knee. The trial judge ruled that the medical
evidence was lacking as to the July 1998 injury and dismissed the case.
Cases posted the week of
07/30/2001
Denny Cain v. Whirlpool
Corporation, et al - M2000-01688-WC-R3-CV
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In this appeal, the employer insists (1) the trial court erred in
admitting into evidence the testimony of a chiropractor in an action involving
a shoulder injury, (2) the award of permanent partial disability benefits is
excessive and (3) the trial court erred in awarding as discretionary costs
expenses for the taking of the chiropractor's deposition. As discussed below,
the judgment is modified by reducing the award of permanent partial disability
benefits to one equal to two and one-half times the clinical impairment rating,
but otherwise affirmed.
Linda Rowland v. Northbrook
Health Care Center W2000-02562-WC-R3-CV
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Madison County - In this appeal, the employer,
Northbrook, insists the award of permanent partial disability benefits based on
70 percent to the body as a whole is excessive. As discussed below, the panel
has concluded the judgment should be affirmed.
Cases posted the week of
07/16/2001
William Craig Browning
v. James River Corp. - W1999-01799-WC-R3-CV
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William Craig Browning v. James River Corp. - W1999-01799-WC-R3-CV (
Dissent)
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Madison County - The trial court determined that the
plaintiff suffered a 50% vocational impairment to each leg. The defendant
asserts that the plaintiff failed to provide proper notice of his injuries;
that he failed to prove that the injuries arose out of and within the course
and scope of his employment; 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.
Mary Blalock v. Travelers Ins.
Co., et al. - W2000-01616-WC-R3-CV
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Shelby County - The appellant, Travelers, insists (1)
the trial court improperly applied the last injurious injury rule, (2) the
trial court erred by assuming certain facts and taking judicial notice of
matters not in evidence, (3) the trial court erred by giving deference to the
opinion of an evaluating physician instead of a treating physician and (4) the
award of benefits based on 25 percent to both arms is excessive. As discussed
below, the panel has concluded the judgment should be affirmed.
Dorothy Pirtle v. Royal Insurance Co. - W2000-00867-WC-R3-CV
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Obion County - In this appeal, the employer's insurer
insists (1) the award of benefits based on 75 percent permanent partial
disability to both arms is excessive and (2) the trial court erred in awarding
as discretionary costs an independent medical examiner's fee for examining and
evaluating the injured employee. As discussed below, the panel has concluded
the award of disability benefits should be affirmed and the award of
discretionary costs modified.
Darra McMillin v. McKenzie
Special School District, et al. - W2000-02165-WC-R3-CV
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Carroll County - In this appeal, the Second Injury
Fund (the Fund) insists the trial court erred in (1) awarding permanent total
disability benefits and (2) apportioning the award between the Fund and the
employer. The employer insists (1) the employee's injury is not compensable,
(2) the trial court erred in commuting one-half of the award to a lump sum, and
(3) the trial court erred in awarding the employee a scooter and special bed.
As discussed below, the panel has concluded judgment should be modified by
reducing the lump sum, because it exceeds the statutorily allowed maximum, but
otherwise affirmed.
John Patterson v. The Phelan Co., Inc. - W1998-00598-WC-WCM-CV
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Gibson County - The trial court found the plaintiff
sustained a twenty-two and one-half percent permanent partial disability to the
body as a whole as a result of an on-the-job injury to his neck. The defendant
claims the evidence does not support the finding. We affirm the judgment of the
trial court.
Cases posted the week of
07/02/2001
Marshall
Key v. Savage Zinc, Inc. - M2000-00306-WC-R3-CV
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Smith County - The defendant, Savage Zinc, Inc.,
appeals the judgment of the Criminal Court of Smith County where the trial
court found Mr. Key to have a 14% anatomical impairment and awarded 35% permanent
partial disability to the body as a whole for a work-related shoulder injury.
For the reasons stated in this opinion, we affirm the judgment of the trial
court.
Davis v. Avron Truss Co. - E2000-00780-WC-R3-CV
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Cumberland County - The trial court found the fired
plaintiff's return to work non-meaningful and awarded eighteen percent vocational
disability. The plaintiff's misconduct was found irrelevant because he had not
reached maximum medical improvement on the day he was fired. The trial court
also awarded discretionary costs to the plaintiff. We find an employer may dismiss
an injured employee for egregious misconduct, such as fighting with a fellow
employee, regardless of the injured employee's medical status at the time of
the misconduct. We therefore affirm the judgment of the trial court, but we
modify the award to two and one-half times the impairment rating given by the
employee's physician or fifteen percent. We also affirm the trial court's judgment
fully with respect to discretionary costs.
Murray Carter v. Murray, Inc. - W2000-01261-WC-R3-CV
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Madison County - In this appeal, the employer contends
the award of permanent partial disability benefits based on 35 percent to the
arm is excessive and should be reduced to one based on 10 percent to the arm.
As discussed below, the panel has concluded the judgment should be affirmed.