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Workers' Compensation Opinions - 4th Quarter 2002

The following Tennessee Worker's Compensation Opinions are available for download:

Cases posted the week of 12/30/2002
Billie Jo Lenear v. Rehab Care - E2001-02935-WC-R3-CV View
Union County - The appellant claims that the trial court erred in finding that she was not an employee and, thus, not entitled to worker's compensation benefits. We affirm.

Andy Gann v. Flagstar Enterprises - E2002-00272-WC-R3-CV View
Jefferson County - The appellant claims that the trial court erred in granting summary judgment that his claim for worker's compensation benefits was not timely filed as provided in T.C.A. § 50-6-203. We affirm.

Cases posted the week of 12/16/2002
Hudgens vs. Royal & Sunalliance Insurance - M2001-02984-WC-R3-CV View
Macon County - The employer appeals the judgment of the trial court awarding the employee 45% permanent partial disability to her left arm. The employee, who was diagnosed with DeQuervain's Syndrome caused by repetitive use of her hands while working for the employer, had sustained a 2% anatomical impairment to the upper extremity and had permanent restrictions on the use of her left hand. The employer contends the trial court erred by 1) granting an excessive award; and 2) finding that the injury was to the arm rather than the hand. We hold that the evidence does not preponderate against the trial court's findings. Accordingly, the judgment of the trial court is affirmed.

Moss vs. Feldkircher Wire/Connecticut Idemnity - M2001-01634-WC-R3-CV View
Davidson County - In this case, the plaintiff contends that the trial court erred in (1) concluding that he did not sustain work related carpal tunnel syndrome and (2) in assigning him a vocational impairment of ten percent (10%) to the body as a whole. For reasons stated below we affirm the judgment of the trial court.

Cases posted the week of 12/09/2002
Brenda Barton v. Anvil International - W2001-02523-WC-R3-CV View
Chester County - In this appeal, the employer insists (1) the trial court erred in considering an examining physician's opinion as not being based on statutory guidelines and (2) the award of permanent partial disability benefits based on 50 percent to one arm and 45 percent to the other arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

Sandra Powers v. American Interstate - W2001-02751-WC-R3-CV View
Gibson County - In this appeal, the employer insists the competent evidence preponderates against the trial court's finding that the deaths of two employees occurred in the course of their employment and in favor of a finding that the employees had materially deviated from their employment at the time of their deaths in a vehicular accident. As discussed below, the panel has concluded the judgment of the trial court should be affirmed.

Donna Hardey v. PML, EBI Companies & James Farmer - W2001-02569-WC-R3-CV View
Benton County - In this appeal the plaintiff, Donna Hardey (Hardey) contends the evidence preponderates in favor of an award in excess of the twenty-five percent (25%) permanent partial disability to the body as a whole awarded by the trial court. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Harold Garth v. Siskin Steel - E2002-00090-WC-R3-CV View
Hamilton County - The trial court found the plaintiff suffered 75 percent disability to his right hand as a result of an on-the-job injury, which occurred on March 10, 2000. The defendant says the trial judge erred in not finding the plaintiff's recovery for the injury should be limited to the thumb or the first phalange of the thumb. The plaintiff says the trial court properly found the plaintiff suffered an impairment to his right hand but says the trial court should have granted a higher award. We affirm the judgment of the trial court.

Dexter Joshen v. McKee Foods - E2002-00194-WC-R3-CV View
Hamilton County - The trial court found the plaintiff had sustained a compensable injury to his shoulder and fixed an award of 30 percent vocational disability to the body as a whole. The defendant says the trial judge fixed this award on the basis of a 6 percent medical impairment to the body rather than on the basis of 4 percent medical impairment, which the defendant asserts is the correct medical impairment rating. The plaintiff responds to the defendant's claim by saying he is satisfied by the ruling of the trial court on the award to the plaintiff. However, the plaintiff says if we reverse the trial court's judgment he wishes us to address the four assignments of error raised by him. These assignments concern the treatment of the plaintiff by a Dr. Alan Odom, who did surgery on the plaintiff's shoulder. The trial court found the treatment by Dr. Odom was not shown to be related to the compensable injury the plaintiff suffered while working for the defendant. We affirm the judgment of the trial court.

Hershel Hill v. Wilson Sporting Goods - M2001-02820-WC-R3-CV T.V. View
Franklin County - The trial court ruled as a matter of law that the employee's request for reconsideration under Tenn. Code Ann. § 50-6-241(a)(2) (2001 Supp.) was barred because (1) his initial award was below the two and one-half times multiplier cap and (2) his employment was not terminated. The employee contends that the trial court erred on both grounds. As discussed below, the panel has concluded that § 50-6-241(a)(2) requires neither a capping at two and one-half times the initial award nor a termination.

Swaw v. Trane Unitary a/k/a Trane Co. - M2001-02793-WC-R3-CV View
Montgomery County - In this appeal, the employer and its insurer question the award of permanent partial disability benefits based on 75 percent to the body as a whole and insist the preponderance of the evidence supports only a lesser award of permanent disability benefits to the left knee. As discussed below, the panel has concluded the judgment should be affirmed.

Charles Juricak v. Exclusively Temporary - M2001-03101-WC-R3-CV View
Macon County - In this appeal, the Second Injury Fund (the fund) questions the competency and sufficiency of a Stipulation of Settlement from another state to permit recovery from the fund. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 12/02/2002
Michael Todd v. Bekaert Steel Wire - W2001-03004-WC-R3-CV View
Dyer County - In this appeal, the employer insists the award of benefits based on 36 percent to the left arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed.

Jeff Gaston v. RSKCo and Love's Country Stores - W2001-02787-WC-R3-CV View
Madison County - The defendant employer contends the plaintiff employee failed to give proper notice of a back injury and the evidence preponderates against the trial court's award of twelve percent (12%) to the body as a whole. For the reasons stated in this opinion, we affirm the judgment of the trial court.

Sylvain Kinnon v. Wal-Mart - W2001-02428-WC-R3-CV View
Haywood County - In this appeal, the employer insists the evidence preponderates against the trial court's findings as to causation, permanency and extent of permanent disability. As discussed below, the panel has concluded the judgment should be affirmed.

Jerry Matlock v. LTV Steel & Insurance Co. of PA - W2001-02512-SC-WCM-CV View
Hardin County - In this appeal, the employer questions the trial court's finding of permanent partial disability for injury to the back, neck and hand. The employer also questions the award of benefits to claimant's right hand for carpel tunnel syndrome, due to the lack of notice of the injury to employer. As discussed below, the panel has concluded the evidence supports the findings of the trial court.

Cases posted the week of 11/25/2002
Stanley Moore v. Payless Cashways - W2002-00705-SC-WCM-CV View
Shelby County - The employee appeals the trial court dismissal of his claims by granting summary judgment in favor of employer, holding the action was barred by the statute of limitations. We reverse and remand.

Donna Harlow v. Reliance National - M2001-02336-WC-R3-CV View
Lewis County - Almost three years prior to his death from injuries sustained in a work accident, the employee and his ex-wife (the plaintiff), had taken part in a "remarriage" ceremony at a church but failed to obtain a marriage license. The trial court found that the plaintiff, was the "lawful wife" of the deceased worker and awarded death benefits. Additionally, upon motion by the plaintiff, the trial court commuted the award to lump sum. We reverse the trial court and remand for dismissal because we find that the plaintiff was not the surviving spouse of the deceased.

Cases posted the week of 11/18/2002
Larry Thrasher v. Carrier Corp. - M2001-02680-WC-R3-CV View
Coffee County - The plaintiff suffers from plantar fasciitis in both feet. Causation was vigorously contested. The trial judge found that the plaintiff's condition was job-related. A podiatrist opined that the plaintiff retained a 29 percent impairment to both feet. The trial judge "assessed a permanent, partial disability of 100 percent to the two feet of the plaintiff," notwithstanding that the plaintiff had returned to his pre-injury job, "substantially improved," and in his words, "doing good," with no complaints other than first-step pain upon arising. The finding of 100 percent is excessive and is reduced to 40 percent.

Cynthia Ursery v. Liberty Mutual Insurance - M2001-02749-WC-R3-CV View
Davidson County - In this case, the employer appeals the trial court's award of 80% permanent partial disability to the employee where 1) the medical proof established a 5% anatomical impairment to both elbows; and 2) a vocational expert gave the employee a 90% vocational disability rating based on loss of access to 90.4% of the jobs available to her prior to her injury due to her permanent medical restrictions. We find that the evidence does not preponderate against the trial court's findings, and therefore the award is not excessive. We affirm the judgment of the trial court in all respects.

Cases posted the week of 11/11/2002
Alma Haney v. Mabry Health Care - M2001-02533-WC-R3-CV View
Jackson County - In this appeal, the employer questions the trial court's award of permanent partial disability benefits based on 80 percent to the left leg. As discussed below, the panel has concluded the judgment should be affirmed.

Royal & Sunalliance v. Barbara Cooper - M2001-01580-WC-R3-CV View
Rutherford County - In this appeal, the employer's insurer questions the trial court's finding that the employee's injury is causally related to her employment; and the employee questions the sufficiency of the award. As discussed below, the panel has concluded the judgment should be affirmed.

Glenn Elizabeth Tefft v. Weakley County Ambulance - M2001-02270-WC-R3-CV View
Humphreys County - In this appeal, the employer insists (1) the evidence preponderates against the trial judge's finding that the plaintiff sustained a back injury on September 13, 1999 from lifting a patient where the evidence shows the plaintiff never lifted a patient, (2) the evidence preponderates against the trial judge's finding that the plaintiff gave proper notice as required by Tenn. Code Ann. § 50-6-201 where, without a reasonable excuse for delay, plaintiff began treatment but did not inform defendant that plaintiff's alleged injury was work related until a month and fourteen days later, (3) the trial judge erred in admitting the plaintiff's entire deposition into evidence, over the objection of the defendant, when the plaintiff offered the same after excerpts of the deposition were properly offered by defendant pursuant to Tenn. R. Civ. P. 32.01, and (4) the trial judge erred in awarding the plaintiff medical expenses paid by the plaintiff's health insurance, a nonparty. As discussed below, the panel has concluded the judgment should be affirmed.

Chester Thompson v. Nashville Electric Service - M2001-02306-WC-R3-CV View
Robertson County - In this appeal, the employer insists (1) the award of permanent partial disability benefits based on 37.5 percent to the body as a whole is excessive, (2) the trial court erred in finding that the employee suffered a back injury "in the scope and course of the employment," and (3) the trial court erred in commuting the award to a lump sum. The employee questions the admissibility of the treating physician's records because the records were neither admitted through a medical records custodian nor the deposition of the treating physician, and no C-32 form was submitted. As discussed below, the panel has concluded that any error in the admission of the medical records was harmless. We therefore affirm the judgment.

Jimmy Rhodes v. City of Monteagle - M2001-01584-WC-R3-CV View
Grundy County - The trial court found the suit barred by the statute of limitations and granted summary judgment in favor of the City of Monteagle. We affirm.

Cathy McCarson v. Aqua Glass - M2001-03085-WC-R3-CV View
Humphreys County - The plaintiff attributed a host of complaints to the rigors of her employment as gradually occurring or occupationally based. The medical proof was varied and indecisive leading the trial judge to conclude that she failed to carry the burden of proof. We affirm.

Royal & Sun Alliance v. John Seay v. Nissan Motor - M2001-02877-WC-R3-CV View
Rutherford County - The trial court found that the employee sustained an 80 percent vocational disability to his left leg. The employer concedes that Mr. Seay has a malfunctioning leg, but that the award is excessive. We affirm the judgment.

Lenda McClain v. Holiday Retirement - M2001-02850-WC-R3-CV View
Montgomery County - The plaintiff appeals the judgment dismissing her suit for benefits she attributes to an injury sustained during the course and scope of her employment. Following the presentation of her evidence, the court granted the defendant's Rule 41.02 Motion for Involuntary Dismissal upon a finding that she failed to carry her burden of proving an accidental injury arising out of employment sufficient to establish a prima facie case of entitlement to benefits. The dispositive issue on appeal is whether the involuntary dismissal was appropriately granted.

Howard Sullins v. Wynn's Precision & ITT Hartford - M2001-02625-WC-R3-CV View
Wilson County - This is a carpal tunnel syndrome complaint involving the plaintiff's right arm. He had previously suffered a ruptured biceps tendon involving his right arm, and returned to work after successful surgery. At the time of trial he was still employed and had not been treated for carpal tunnel syndrome for eighteen months. The trial judge found that the plaintiff had a vocational disability of 50 percent to his right arm. We affirm.

Cathy Judkins v. Findlay Ind. - M2001-02560-WC-R3-CV View
Warren County - This complaint was non-specific as to the occurrence of a job-related accident and any compensable injuries. The essential thrust of the appeal by the employer is directed to the issue of whether the purported failure of the employee to reveal pre-existing medical conditions to an independent medical examiner nullifies his testimony.

George Argo v. Brentwood Services Administrators Local Workers' Compensation Fund- M2001-02821-WC-R3-CV View
Warren County - In this appeal, the employer insists (1) the trial court erred in failing to dismiss the claim based on the "last injurious injury doctrine," (2) the award of permanent partial disability benefits based on 37.5 percent to the body as a whole is excessive, and (3) the trial court erred in commuting the award to a lump sum. The employee insists he is entitled to receive benefits from one insurer or the other. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 11/04/2002
Mable Calhoun v. Quebecor Printing - E2001-00839-WC-R3-CV View
Sullivan County - The defendant appeals the trial court's decision to award the plaintiff temporary total disability benefits for the period of May 19, 1999, through January 5, 2000, and to award fifty-five percent permanent partial disability to the body as a whole. We affirm the decision of the trial court.

Cases posted the week of 10/28/2002
Phillip Stevenson v. State - M2001-02522-SC-WCM-CV View
In this appeal, the employee insists the commission erred in dismissing his claim for failure to state a claim for which relief can be granted. As discussed below, the panel has concluded the judgment should be vacated and the cause remanded for further proceedings.

Express Personnel Services v. Donna Belcher - M2001-02033-WC-R3-CV View
Davidson County - In this appeal, the employer contends that the trial court improperly considered the claimant's criminal record, her responsibility for five children, her lack of reliable transportation, and her financial need in determining the claimant's vocational disability rating. As discussed below, the panel has concluded that the judgment of the trial court should be affirmed.

Tammy Bowman v. Fleetwood Homes - M2001-02188-WC-R3-CV View
Macon County - The employer appeals the judgment of the trial court awarding the employee 5% permanent partial disability for a right shoulder injury, even though the parties had stipulated prior to trial that this injury was not at issue. The employer further appeals the trial court's ruling combining a 20% vocational disability rating to the arm, which is a scheduled member, with the 5% anatomical impairment rating for the shoulder, which is to the body as a whole, then multiplying both by the 2.5 maximum pursuant to Tennessee Code Annotated § 50-6-241(a)(1). We hold that the trial court erred in awarding permanent partial disability for the right shoulder because both parties had stipulated that it was not at issue and because no expert testimony supported a finding of permanency. Accordingly, we reverse the judgment of the trial court awarding workers' compensation benefits based upon an injury to the employee's shoulder.

Cases posted the week of 10/21/2002
Advanced Plating v. James Whitehead - M2001-01885-WC-R3-CV View
Davidson County - In this case, the employee contends (1) the trial court erred in awarding permanent partial disability benefits to a scheduled member rather than finding that the employee was and is permanently and totally disabled and (2) the trial court erred in awarding temporary total disability benefits for only 19 weeks. Appellee, Advanced Plating, Inc., counters requesting reversal and dismissal contending that the injury to the employee did not arise out of and in the course and scope of his employment. For reasons stated, the judgment of the trial court is affirmed.

Daniel Johnson v. Schlegel Tennessee a/k/a BTR Sealing Systems & Cigna Property - E2001-01570-WC-R3-C View
Loudon County - The defendant appeals the trial judge's decision that the plaintiff has a permanent disability to the mental faculties which was caused by exposure to chemicals in the workplace. We affirm the judgment of the trial court.

Cases posted the week of 10/14/2002
Donald Sisk v. Nexair - W2001-03077-WC-R3-CV View
Madison County - The employer appeals the award of permanent disability benefits to an employee. Because the existence and extent of a worker's permanent disability are questions of fact, the trial court is within its discretion to accept evidence presented by one medical expert over that of another expert. We affirm.

Olivia Connor v. Chester County Sportswear - W2001-02114-WC-R3-CV View
Chester County - The employer appeals the award of disability benefits to an employee who felt her knee pop when she stood and twisted to flush the commode while using the restroom at work. We reverse.

John Carbino v. Portland Utility Construction - M2001-01840-WC-R3-CV View
Davidson County - In this appeal, the employer and its insurer question (1) the trial court's finding that the employee's aortic dissection was an injury by accident arising out of his employment and (2) the award of permanent partial disability benefits based on 85 percent to the body as a whole for the combined effects of that injury and a subsequent compensable back injury. As discussed below, the panel has concluded the judgment should be affirmed.

Cases posted the week of 10/07/2002
Sydney Couch v. Bell South Telecommunications - W2001-02216-SC-WCM-CV View
In this appeal, the employee questions the trial court's disallowance of benefits. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court.

Don Birchfield v. Hardwood Frames of America - E2001-02123-WC-R3-CV View
Bradley County - The trial court dismissed the complaint finding the action was not filed within the one year period of the statute of limitations. Judgment of the trial court is affirmed.

Charles Rapier v. Jones Blair Paint - E2001-02915-WC-R3-CV View
Bradley County - The trial court dismissed the complaint finding the action was barred by the one year statute of limitations and because plaintiff's condition was not work-related. Judgment of the trial court is affirmed.