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This Page Last Updated: November 08, 2007 at 13:44.22 hours
The following Opinions are available for viewing or download in PDF format:
Cases posted the week of 9/22/2008
Robert Edwards v. Saturn Corporation - M2007-01955-WC-R3-WC View
Maury County - The trial court determined that: (1) under Building Materials Corp. v. Britt, Employee’s date of injury was his last day worked before having shoulder surgery, December 15, 2005; (2) Employee’s meaningful return to work was not frustrated by a plant-wide lay-off; and (3) Employee’s permanent partial disability award should be capped at 1.5 times the medical impairment rating. Because the evidence does not preponderate against the trial court’s findings, we affirm the trial court’s judgment.
Lisa Miller, et al v. M & R Constructors, Inc. a/k/a Millwrights & Riggers -
M2007-01945-WC-R3-WC View
Smith County - This is a suit to recover workers’ compensation death benefits. Employer denied that Decedent’s cardiac arrest was caused by his employment. The trial court found the death to be work-related, and awarded benefits to the survivors. On appeal, Employer contends that the evidence preponderates against that finding. We disagree, and affirm the judgment.
Michael Limbaugh v. Mueller Refrigerations Co., Inc. - M2007-00999-WC-R3-WC View
Trousdale County - Employee sustained a compensable injury. He subsequently developed a condition known as “winging” of the scapula. Two treating doctors testified that the AMA Guides did not provide for assigning impairment for this condition. An evaluating physician agreed that the AMA Guides did not cover the condition, but assigned 10% permanent impairment to the body as a whole, based upon his experience and judgment. The trial court awarded 15% permanent partial disability to the body as a whole. Employer has appealed, contending the evidence preponderates against the trial court’s finding. We affirm the judgment.
Jennifer Kelly v. Dollar General Corporation - W2007-01105-SC-WCM-WC View
Shelby County - The employee had separate claims for carpal tunnel syndrome and a back injury. The trial court awarded 30% permanent partial disability for the carpal tunnel injury but dismissed the back claim. Both sides have appealed. The employer contends that the trial court erred in finding that the employee sustained her burden of proof as to causation of the carpal tunnel syndrome. The employee contends that the trial court erred in finding that she had failed to sustain her burden of proof as to permanent disability arising from her back injury. We affirm the judgment concerning the carpal tunnel claim, reverse the judgment concerning the back claim, and remand the case to the trial court.
Velma Lynn Saunders-Manual v. Davidson
Transit Organization - M2007-01580-SC-WCM-WC View
Sumner County - The employee, Velma
Lynn Saunders Manuel, was injured in an automobile
accident which occurred as she was returning to her
home from receiving medical treatment for a compensable
work injury. She sought benefits for the additional
injury. Her employer, Davidson Transit Organization,
denied the claim. The trial court ruled that the additional
injury arose from and in the course of the employment,
and awarded 28% permanent partial disability to the
body as a whole. On appeal, the employer contends that the trial
court erred by finding the injury to be compensable. We affirm
the judgment.
Cases posted the week of 9/8/2008
Sherry Hubble, et al. v. Dyer Nursing Home - W2007-00627-WC-R3-WC View
Gibson County - In a previous appeal, the Supreme Court
of Tennessee affirmed an order requiring the employer to reimburse a third-party
insurer for payments made for medical care. The judgment was paid. The
insurer sought post-judgment interest on the amount, and the trial court
awarded that interest. The employer has appealed, arguing that the trial
court erred by awarding post-judgment interest for medical expenses. We
agree and reverse the judgment.
Cases posted the week of 9/1/2008
Mary Jo Patterson v. Clarksville-Montgomery County School System -
M2007-01115-WC-R3-WC View
Montgomery County - The trial court found that the employee complied with the notice requirement of Tennessee Code Annotated section 50-6-201(a) (Supp. 2003). It further found that she had sustained a compensable injury to her lower back and awarded 30% permanent partial disability. The employer has appealed, contending that the claim is barred by failure to provide timely notice and that the evidence preponderates against the finding of causation. We affirm the judgment.
Juanita I. Kirk v. St. Michael Motor Express, Inc. - M2007-01058-WC-R3-WC View
Davidson County - The employee, Juanita Kirk, sustained a compensable injury and her claim was settled. The settlement was approved by the trial court based upon an affidavit executed by the employee. Several months later, Ms. Kirk filed a motion pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure, seeking to set aside the settlement on the basis of fraud, that it was approved without Ms. Kirk having personally appeared before the court, and that it did not afford to Ms. Kirk substantially the benefits to which she was entitled. After an evidentiary hearing, the trial court found that Ms. Kirk had not sustained her burden with regard to the issue of fraud and denied the motion. She has appealed from that order. Although we agree that the evidence supports the trial court’s conclusion on the issue of fraud, we find that there were “other reason[s] justifying relief from the operation of the judgment.” Tenn. R. Civ. Proc. 60.02(5). We therefore reverse the trial court’s judgment and remand the case for additional proceedings.
Amy Hatfield v. Haynes Publications, Inc. and Alea North American, -
M2007-01390-WC-R3-WC View
Rutherford County - Employee was struck on the back by a heavy bundle of paper. Her injury was accepted as compensable. She was examined and treated by three authorized doctors, all of whom opined she had no permanent impairment. She sought additional medical treatment, which ultimately led to surgery to repair her sacro-iliac joints. The trial court found that the surgery was related to her work injury, and awarded 50% permanent partial disability (“PPD”) to the body as a whole. Employer has appealed, contending that the medical evidence preponderates against the trial court’s findings. We affirm the judgment.
William Hegger v. Ford Motor Company - M2007-00759-WC-R3-WC View
Davidson County - Employee developed carpal tunnel syndrome, which was accepted as compensable by Employer. The trial court found that Employee had sustained no vocational disability as a result of the condition, and therefore awarded 2% permanent partial disability to the arm, which was the anatomical impairment assigned by two of the three doctors to testify. The trial court also ordered that Employer was no longer required to provide medical treatment for the condition. On appeal, Employee contends that the award of permanent disability benefits is inadequate, and that the trial court erred by terminating future medical benefits. We affirm the disability award, but modify the closure of medical benefits.
Sharon Walker v. Saturn Corporation - M2007-01506-WC-R3-WC View
Maury County - On appeal, the employee contends that the trial court erred in three ways: (1) by finding that she did not carry her burden of proof with respect to causation; (2) by finding, in the alternative, that she retains only a ten percent permanent partial disability; and (3) by allowing the employer to admit extrinsic evidence of specific conduct in an attempt to attack the credibility of her expert medical witness. Because the evidence does not preponderate against the trial court’s findings, we affirm the trial court’s judgment.
Cases posted the week of 8/25/2008
Milton Carver v. Tombigbee Trucking Co., et al.
- W2007-01072-WC-R3-WC View
McNairy County - Employee suffered
a compensable injury. The trial court found him
to be permanently and totally disabled. Employer
has appealed, contending that the evidence preponderates
against the finding of permanent total disability.
We affirm the judgment.
Phillip Rhoads v. State of Tennessee - W2007-00803-WC-R3-WC View
TCC - Phillip Rhoads contended that he was permanently and totally disabled as a result of mental injuries sustained in the course of his employment with the Tennessee Department of Children’s Services. The Claims Commission held that Rhoads’ condition was not compensable because it was the result of gradual occupational stress, rather than a sudden, identifiable event. Rhoads has appealed, arguing that the Commission erred in finding that he had not sustained a compensable injury. We affirm the judgment.
Michael Hickman v. Dana Corporation - W2007--1134-WC-R3-WC View
Gibson County - Employee developed carpal tunnel syndrome. The injury was accepted as compensable. Before he reached maximum medical improvement, he was terminated as a result of an argument with a co-worker. He sustained a 5% impairment to each arm as a result of his work injury. The trial court awarded 30% PPD to both arms. On appeal, Employer contends that the trial court erred by finding that Employee did not have a meaningful return to work. We conclude that the evidence does not preponderate against the trial court’s decision, and affirm the judgment.
David Joe Jackson v. Goodyear Tire & Rubber Co., et al. - W2007-01131-WC-R3-WC View
Obion County - Employee sustained an aggravation of his pre-existing degenerative back condition while rising from his chair during his lunch break on Employer’s premises. The trial court found the injury was compensable and awarded 15% permanent partial disability benefits. Employer has appealed, contending that the injury did not arise from the employment. We affirm the judgment.
Melissa A. Grayson v. Shaw Industries, Inc. - E2007-01221-WC-R3-WC View
Monroe County - While at work for the Employer, the Employee’s hair was caught in machinery, which violently pulled her head into the machine. Her scalp was pulled away from her skull. She received treatment at an emergency room. In the months that followed, she had three surgical procedures to repair the wound and her scalp. She was diagnosed with post traumatic stress syndrome, developed sleep problems, anxiety and headaches. She became fearful and anxious around machinery and was ultimately discharged by her Employer. Her physicians and vocational experts and the Employer’s vocational expert agreed that when a Social Security questionnaire was considered, she was 100% disabled. Nevertheless, the Employer contends that she is not 100% disabled. We affirm the judgment of the trial court.
Delores Young v. The Vanderbilt University - M2007-00586-SC-WCM-WC View
Davidson County - On appeal, the employer contends that the trial court erred by basing the employee’s impairment rating on the testimony of the independent medical examiner instead of on the employee’s treating physician. Because the evidence does not preponderate against the trial court’s findings, we affirm the trial court’s judgment.
Linda Coker v. County of Obion - W2007-02289-WC-R3-WC View
Obion County - Employee sustained an injury to her shoulder in April 2005 while working for Employer. When she returned to the office, she made a statement in the presence of her supervisor and others that she had injured her shoulder. The supervisor testified that she did not hear the statement. In the following months, Employee received occasional medical treatment for the injury. In March 2006, her doctor recommended surgery. Employee gave written notice of the injury to her supervisor on the next day. Employer denied the claim based upon Employee’s failure to give notice of her injury within thirty days. The trial court found that Employee had given sufficient notice and awarded 7.5% permanent partial disability. Employer has appealed, asserting that the trial court erred in finding that the claim was not barred by failure to give timely notice. We find that the evidence does not preponderate against the finding of the trial court and affirm the judgment of the trial court.
Cases posted the week of 8/18/2008
Fred Tharpe v. Emerson Electric Company - W2007-01037-+SC-WCM-WC View
Henry County - Employee and Employer entered into a court-approved settlement agreement in 1988. The agreement required Employer to continue to provide medical treatment for the injury in accordance with the workers' compensation law. Employee received treatment from time to time. Employer paid for the treatment. In June 2006, Employer requested an independent medical examination of Employee. The evaluating physician concluded that current medical treatment was not related to the original work injury. Employer thereafter declined to provide further treatment. Employee filed this action. The trial court ordered Employer to continue to provide medical treatment. Employer has appealed. We affirm the judgment and remand to the trial court for further proceedings consistent with this opinion.
United Parcel Service v. Jim Sanders - W2007-01525-WC-R3-WC View
Madison County - The employee, Jim Sanders, retired from his employment with the United Parcel Service in September 2003. In February 2004, he gave notice to his employer of a workers’ compensation claim. He alleged that he had sustained gradual injuries or aggravation of his pre-existing conditions as a result of his work activities. The claim was denied, and the Mr. Sanders filed suit. At trial, the court sustained objections by both parties to medical records attached to medical depositions. At the conclusion of the trial, the trial court found that the employee had failed to carry his burden of proof and also that the claim was barred by failure to give timely notice of the alleged injury. The employee has appealed, asserting that the trial court erred in sustaining the employer’s objection to medical records, in finding that he had not carried his burden of proof, and in finding that he had not complied with the notice requirement of the workers’ compensation law. We affirm the judgment of the trial court.
Cases posted the week of 8/11/2008
Kenneth W. Sliger v. Putnam County, TN, et al - M2007-00978-WC-R3-WC View
Putnam County - This appeal involves an employee who returned to work after sustaining a compensable injury but who was unable to continue working after his injury worsened. He filed a petition in accordance with Tenn. Code Ann. § 50-6-241(a)(2) (2005) in the Chancery Court for Putnam County seeking reconsideration of his permanent disability. Following a bench trial, the trial court made an award based on a seventy-five percent permanent partial disability to the body as a whole, subject to a credit for the amount of the earlier settlement. The employer asserts on this appeal that the trial court erred by exceeding the cap of six times the impairment in the absence of expert proof regarding whether the employee has reasonably transferable job skills. Because we have determined that Tenn. Code Ann. § 50-6-242 (2005) requires expert proof on this issue, we vacate the judgment and remand the case for further proceedings.
Clarence Wheeler v. Hennessy Industries - M2007-00921-WC-R3-WC View
Davidson County - This appeal involves an employee with a pre-existing medical condition who sustained a work-related injury. The employer terminated the employee after he failed to report for work or call in after he had been released to return to work without conditions. Following a bench trial, the Circuit Court for Davidson County found that the employee had sustained a work-related injury that had aggravated a pre-existing condition. The trial court also determined that the employee had not made a meaningful return to work and, therefore, that the cap on benefits in Tenn. Code Ann. § 50-6-241(a)(1) (2005) did not apply. The trial court also determined that the employee was one hundred percent permanently partially disabled. The employer has appealed. While we affirm the trial court’s finding that the employee sustained a compensable injury, we vacate the finding that the employee had not had a meaningful return to work and that the employee was one hundred percent permanently partially disabled. Accordingly, we remand the case to the trial court for further proceedings consistent with this opinion.
Mark Willett v. United Parcel Service, et al - M2006-02488-WC-R3-WC View
Davidson County - This appeal involves a delivery driver who asserts that he sustained two work-related back injuries in 1999. Following surgery in 2002, the delivery driver’s surgeon assigned him a twenty-eight percent impairment and opined that the 1999 injuries had exacerbated a pre-existing back condition. The delivery driver later filed a complaint seeking benefits under the Workers’ Compensation Law in the Circuit Court for Davidson County. Following a bench trial, the trial court awarded the delivery driver sixty percent permanent partial disability and temporary total disability from March 2000 to September 2004. The trial court also directed the delivery driver’s employer to pay some of his medical expenses. On this appeal, the employer asserts that the trial court erred (1) by admitting the second deposition of the delivery driver’s surgeon, (2) by finding that the delivery driver had sustained a permanent impairment as a result of his work-related injuries, (3) by awarding the delivery driver temporary total disability benefits, and (4) by requiring it to pay a part of the delivery driver’s medical expenses. For his part, the delivery driver asserts that the trial court erred by failing to award him some of his claimed medical expenses and for declining to impose a bad faith penalty against the employer. We have determined that the award of temporary total disability benefits should be reduced and that the medical expenses awarded by the trial court should be paid directly to the providers rather than in a lump sum to the delivery driver. Therefore, we affirm the judgment as modified by this opinion.
Lela Eva Knight v. Carrier Corporation, et al - M2007-02423-WC-R3-WC View
White County - This appeal involves the attempt of a long-term employee of an air conditioner manufacturer to obtain benefits under the Workers’ Compensation Act for an injury to her foot. She filed a claim seeking workers’ compensation benefits in the Chancery Court for White County. Following a bench trial, the trial court determined that the employee had sustained a compensable injury and that she was entitled to workers’ compensation benefits resulting from a fifty-five percent permanent partial disability to her foot. On this appeal, the employer asserts that the evidence does not support the trial court’s finding that the injury arose out of the course of the employment and that the disability award was excessive. We have determined that the record contains sufficient evidence to support the trial court’s award.
Cases posted the week of 8/4/2008
Joel Davis Moultrie v. Goodyear Tire & Rubber Company - W2007-00865-WC-R3-WC View
Obion County - After working an evening shift at his job, the employee awoke the next morning with severe back pain. He sought medical treatment through his family physician who referred him to a neurosurgeon. Within a few days, he had surgery to repair bone spurring and degenerative changes in his cervical spine. After the surgery, he informed his supervisor that he believed his job caused his condition. He made a workers’ compensation claim, which his employer denied. The trial court found that his injury was work-related and awarded 50% permanent partial disability to the body as a whole. The employer has appealed, contending that the claim is barred by failure to comply with the notice requirement of the workers’ compensation law, and that the employee did not sustain his burden of proof concerning causation. We affirm the judgment of the trial court.