This Page Last Updated: November 08, 2007 at 13:44.22 hours
The following Opinions are available for download:
Cases posted the week of 09/17/2007
Gerald Amos v. Atlas Van Lines, Inc., et al - M2006-01360-SC-WCM-WC View
Perry County - In this case, the employee, Gerald Amos, suffered a heart attack following a theft from his person while waiting at a truck stop for a scheduled pick-up. The trial court found the employee’s heart attack to be compensable and awarded benefits for permanent total disability. The trial court refused, however, to set off a portion of his social security benefits as provided in Tennessee Code Annotated section 50-6-207(4)(A)(i). The employer contends that the heart attack did not arise from or occur in the course of the employment. The employer also contends that the trial court erred by not setting off a portion of the employee’s social security old age benefits against the award. We affirm the trial court’s ruling on causation, but modify as to the set-off.
Mary Pennewell v. Hamilton-Ryker - W2006-01046-WC-R3-WC View
Henry County - In this case, the trial court found the employee’s elbow injury to be compensable and awarded benefits for 25% permanent partial disability to the left arm. The employer contends that the injury did not arise from or occur in the course of the employment and that the employee did not give timely notice of her injury in accordance with Tennessee Code Annotated section 50-6-201. We reverse the trial court’s finding that the injury was compensable and dismiss the employee’s complaint.
Cases posted the week of 09/10/2007
Steven R. Norman v. HBD Industries, Inc. - E2006-00381-WC-R3-WC View
Scott County - The issues on appeal involve whether weeks spent absent from work due to a strike are included when calculating an employee’s average weekly wage. We hold that the trial court erred in excluding the weeks spent on strike and modify the award to reflect the proper calculation of the employee’s average weekly wage.
Warren Truss v. Hardin's Sysco Food Services, Inc. - W2006-00857-WC-R3-CV View
Shelby County - The trial court found that the employee did not sustain a permanent disability and was not entitled to temporary total disability benefits. The employee has appealed, contending that the trail court erred by giving more weight to the opinion of the treating physician than to the evaluating physician and by finding that he did not sustain a permanent injury. We affirm the trial court’s ruling in all respects.
Cases posted the week of 08/27/2007
Kay Hill v. Franklin County Board of Education and Tennessee School Board's Risk Management Trust - M2006-02011-WC-R3-WC View
Franklin County - The trial court awarded permanent partial disability benefits of 65% to the body as a whole. The employer has appealed, contending that the trial court used an incorrect method to calculate the average weekly wage. The employer also argues that the amount of the award is excessive and that it is entitled to a credit for an overpayment of temporary disability benefits. We hold that the method used to calculate the average weekly wage was, in fact, erroneous and modify the judgment accordingly. We also hold that the Employer is entitled to credit for the overpayment of temporary disability benefits. We otherwise affirm the trial court’s judgment.
Myron L. Robbins v. Graphics Packaging International, Inc. and Libery Mutual Insurance - M2006-02213-WC-R3-WC View
Lawerence County - This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law to the Supreme Court. The trial court awarded 50% permanent partial disability to the body as a whole to the employee. The employer asserts that the trial court erred by finding that the employee sustained a compensable aggravation of his pre-existing congenital condition. In the alternative, the employer contends that the trial court erred by finding that the employee did not have a meaningful return to work and by awarding more than two and one-half times the medical impairment under Tennessee Code Annotated section 50-6-241(a). We affirm the finding of compensability, reverse the finding that the employee did not have a meaningful return to work, and modify the award to 37.5% permanent partial disability to the body as a whole.
Cases posted the week of 08/13/2007
Stella Roy Hurley v. MTD, Inc. - E2006-02215-WC-R3-WC View
Greene County - The trial court found that the employee failed to prove that she had sustained permanent disability as a result of work-related injuries to her neck and arms. The employee has appealed that ruling, arguing that the evidence preponderates against the trial court’s finding. The employee also specifically claims that the trial court erred by referring to one of the expert witnesses as a “non-treating” physician and by allowing certain medical records into evidence. We find no error and affirm the judgment of the trial court.
Edward Pulliam v. White Consolidated Industries, Inc. d/b/a Electrolux Home Products, Inc., et al - M2006-00435-WC-R3-CV View
Robertson County - The Plaintiff contends that the preponderance of evidence is contrary to the trial court’s finding that the Plaintiff did not sustain a compensable work-related injury. We believe the trial court was correct, and therefore we affirm the trial court’s decision.
Robert R. Robertson v. Bridgestone/Firestone, Inc. - M2006-00515-WC-R3-CV View
Rutherford County - The Defendant contends that the trial court erred in finding that plaintiff sustained a compensable work-related injury to his right shoulder, in awarding plaintiff temporary total disability benefits for work missed due to surgery, in awarding him a 12% disability to the body as a whole as to each shoulder, and in commuting the entire award into a lump sum payment. Plaintiff asks this court to find the Defendant’s appeal in this case to be frivolous. We find the chancellor’s rulings as to all these issues to be correct and affirm the trial court’s decision. Finally, Plaintiff contends that the award is insufficient and that the trial court also erred in allowing Defendant to set-off benefits paid under the Defendant company’s sickness and accident policy. Because we are unable to determine from the record the nature of the benefits paid by Defendant, we remand the case to the trial court for further proceedings consistent with this opinion..
Sharon Eldridge v. Putnam County Board of Education - M2006-02046-WC-R3-WC View
Putnam County - The trial court found that the employee had not had a meaningful return to work, and awarded twenty percent (20%) permanent partial disability to the body as a whole. The employer has appealed that ruling, contending that the award should have been “capped” in accordance with Tenn. Code Annotated section 50-6-241(d)(1)(A) (Supp. 2004) and that the Court erred by accrediting the testimony of Dr. Fishbein over that of Dr. Talmage. We affirm the judgment of the trial court as modified herein.
James Rigney v. Carrier Corporation and United Technologies Corporation - M2006-01590-WC-R3-WC View
Warren County - The trial court found that the employee suffered a permanent psychological injury while working, and awarded seventy percent (70%) permanent partial vocational disability to the body as a whole. The employer has appealed that ruling, contending that the evidence preponderates against the trial court’s findings that the employee received a permanent psychological injury and that the award of seventy percent disability to the body as a whole is excessive. Also, the employer contends that the trial court erred in awarding the payment of past and future medical treatment. We affirm the judgment of the trial court.
Cases posted the week of 08/06/2007
Wanda Barron v. Tennessee Department of Human Services - W2006-00963-SC-WCM-WC View
The Claims Commission awarded 94% permanent partial disability to the employee and commuted the award to a lump sum. The employee’s position is that she is permanently and totally disabled. We agree with the position of the employee. Accordingly, we award the employee permanent total disability benefits and reverse the communation of the award to a lump sum.
Cases posted the week of 08/06/2007
Ralph L. Poore v. Bi-Lo, LLC and Tennessee Department of Labor, Second Injury Fund - E2006-01575-WC-R3-WC View
Anderson County - The trial court found that the employee was permanently and totally disabled as a result of the work-related back injury and awarded permanent and total disability benefits, allocating the responsibility for paying those benefits 85% to Bi-Lo and 15% to the Secondary Injury Fund. The employer, Bi-Lo has appealed the trial court’s award contending that the trial court erred in finding the employee permanently and totally disabled. The employer also appeals the allocation of responsibility for the vocational disability between itself and the Second Injury Fund. After a careful review of the record, we conclude that the trial court should be affirmed as modified.
James R. Lane v. City of Cookeville - M2006-00871-SC-WCM-CV View
Putnam County- In this case, the trial court found the employee's heart attack to be compensable and awarded benefits for 20% permanent partial disability. The employer contends that the heart attack did not arise out of or occur in the course of his employment. The employee contends the amount of the award is inadequate. We reverse the trial court's finding that the heart attack was compensable and dismiss the employee's complaint.
Cases posted the week of 07/23/2007
Kenneth Conaway v. U.S. Pipe and Foundry Company, et al - M2006-01177-WC-R3-WC View
Marion County - The trial court found that the employee, Kenneth Conaway, was permanently and totally disabled. The employer has appealed that ruling, contending that the Mr. Conaway’s work as a minister precludes a finding of total disability. We agree and modify the award of the trial court to seventy-two percent permanent partial disability of the body as a whole.
Cases posted the week of 07/09/2007
Bi-Lo, LLC v. Larry Van Fossen - E2006-00709-WC-R3-WC View
Hamilton County - The employer asserts that the trial court erred in (1) finding that the employee’s work injury of October 15, 2003, rather than his non-work injury of March 2004 caused his permanent disability; (2) assessing 60 percent vocational disability for the employee’s injury; and (3) assessing the employer for the medical treatment received by the employee by Doctors Smith and Hodges. We agree with the findings of the trial court and in accordance with Tennessee Code Annotated section 50-6-225(2), affirm the judgment of the trial court.
Cases posted the week of 07/02/2007
Walter Faught v. E. W. James & Sons, Inc., et al. - W2006-00793-WC-R3-CV View
Haywood County - The Employer has appealed the action of the trial court, which found that the Employee is permanently and totally disabled and that the Employer is responsible for 62.5% of the award and the Second Injury Fund is responsible for 37.5%. We find that the award should be vacated and the case should be remanded for a new hearing.