The following Opinions are available for download:
Cases posted the week of 12/15/2003
Betty Frazier v. Saturn
Corp. - M2002-01564-WC-R3-CV View
Maury County
- In this appeal, the employee insists the trial court erred in determining the
date of her injury for the purpose of determining her average weekly wage and
that the evidence preponderates against the trial court's findings as to the
extent of her permanent disability. As discussed below, the panel has concluded
the judgment should be modified with respect to the worker's compensation rate.
Helen Henson v. Factory & Steel
Transportation - M2002-02761-WC-R3-CV View
Humphreys
County - In this appeal, Tennessee Insurance Guaranty Association
insists the trial court erred in determining (1) the employee was permanently
and totally disabled, (2) the last injurious injury rule did not apply and (3)
the employee's permanent and total disability benefits accrued beginning March
14, 2001. The employee insists the preponderance of the evidence supports the
findings of the trial court. As discussed below, the panel has concluded the
judgment should be modified with respect to the date of injury.
Victor
Salazar v. Concrete Form Erectors - M2002-03040-WC-R3-CV
View
Davidson
County - In this appeal, the employer insists the trial court erred in
(1) finding that the claim is not barred by the employee's willful and
intentional failure to follow established policy requiring the use of a safety
appliance, (2) finding that the employee has a 39 percent medical impairment
and awarding permanent partial disability benefits based on 78 percent to the
body as a whole. As discussed below, the panel has concluded the evidence fails
to preponderate against the findings of the trial court.
Willie Jean Head v. Nissan Motor Mfg. -
M2002-1908-WC-R3-CV View
Davidson County -
In this appeal, the employee insists the trial court erred in disallowing
benefits for a left shoulder injury for failure to give timely written notice.
As discussed below, the panel has concluded the evidence fails to preponderate
against the findings of the trial court.
Darrell Binkley v. Tennessee Diecasting-Harvard
Industries & ITT Hartford Ins.- W2002-02188-SC-WCM-CV
View
Lauderdale
County - The Appellant, employer, argues that the trial court erred in
finding that the employee sustained a herniated disc as a result of his on the
job injury; in awarding temporary total and permanent partial disability
benefits and in not applying the "Last Injurious Injury Rule" to dismiss the
employee's claim against Appellant. The Appellee, employee, argues that the
trial court erred in limiting employees permanent award to 2.5 times the
anatomical rating pursuant to T.C.A. §50-6-241(a)(1) because employee's
return to work was not "meaningful". For the reasons discussed below, the panel
has concluded that the judgment of the trial court should be affirmed in all
respects.
Edward Caksackkar v. Goodyear Tire
-W2002-02368-SC-WCM-CV View
Obion County -
The trial court found that the plaintiff was permanently and totally disabled.
The parties do not contest this finding. The appellant, Second Injury Fund,
argues, however, that the trial court erred in its apportionment of liability
between the Fund and the employer when it held that only 25% permanent
vocational impairment should be apportioned to the employer and 75% apportioned
to the Fund as a result of the plaintiff's last back injury. For the reasons
discussed below, the Panel has concluded that the judgment of the trial court
should be modified so that 75% permanent vocational impairment is apportioned
to the employer and 25% apportioned to the Fund.
Cases posted the week of 12/08/2003
Claude E. Helton, Jr. v. Town of Rogersville
- E2003-00311-WC-R3-CV View
Hawkins County
- The trial court awarded the employee 40 percent permanent partial disability
to the left leg. The employer has appealed contending the evidence
preponderates against the court's finding the City had actual notice of the
injury and that the award is excessive. The judgment is affirmed.
Linda Meadows v. Wausau Insurance -
E2002-02828-WC-R3-CV View
Rhea County -
In this appeal, the defendant, Wausau Insurance Company, insists that the trial
court erred in determining Wausau was liable for the plaintiff's compensation,
and that the trial court erred in allowing the plaintiff to voluntarily dismiss
co-defendant, Legion Insurance Company.
Cases posted the week of 12/01/2003
Sharon Battle v. Methodist Medical Center -
E2002-00566-WC-R3-CV View
Anderson
County - The trial court awarded the employee 5 percent permanent
partial disability for a shoulder injury and 35 percent permanent partial
disability for a neck injury. Plaintiff contends the awards are insufficient;
the court was in error in capping the awards at two and one-half times
impairment; and the court was in error in allowing discretionary costs. The
judgment is affirmed.
Gaylon Lowry v. Hardeman
County Board of Education - W2002-02822-WC-R3-CV
View
Hardeman
County - In this appeal, the employer questions the trial court's
findings as to notice, statute of limitations and causation. As discussed
below, the panel has concluded the evidence fails to preponderate against the
findings.
Cases posted the week of 11/24/2003
Sandra Terrell v. Sterling Plumbing Group -
W2002-01489-WC-R3-CV View
Obion County - The
employer in this workers'compensation case has appealed the trial court's
decision awarding the claimant twelve percent (12%) permanent partial
disability to both arms. This award was made despite the absence of any
impairment rating to the left arm and despite the absence of medical evidence
establishing permanency of any injury to the left arm. The Panel has concluded
that the evidence preponderates against the trial court's finding of a
work-related injury to the left arm. Accordingly, we reverse the trial court's
finding as to the left arm, but we affirm the trial court's award of 12%
permanent partial disability to the right arm.
Cases posted the week of 11/17/2003
Larry Neeley v. Southern Tank Leasing -
M2002-01526-W- CR3-CV View
Davidson
County - In this case, the employer appeals the trial court's award of
75% vocational disability for a head injury resulting in vertigo, tinnitus, and
hearing loss and 25% vocational disability for bilateral carpal tunnel syndrome
caused by employee's work activities. The employer asserts, among other issues,
that the evidence preponderates against a finding that: 1) the head injury
symptoms were compensable, and 2) the employee's wrist and hand symptoms were
work related. The employer also contends that it was deprived of a fair trial
as a result of the trial court's apparent bias against it or its counsel. The
judgment of the trial court is affirmed as modified.
Thomas Moore v. Shoney's - M2002-02635-WC-R3-CV
View
Davidson
County - In this appeal, the employer questions the trial court's
award of disability benefits and the admissibility of a medical expert's
opinion. As discussed below, the panel finds no reversible error and concludes
the evidence fails to preponderate against the findings of the trial
court.
Jose Santiago v. the Hartford -
M2002-03036-WC-R3-CV View
Warren County
- In this appeal, the employer, Powermatic, and its insurer insist the trial
court erred (1) in finding that the employee's injury did not progress during
his tenure at his last place of employment and (2) in determining the extent of
the employee's vocational disability. As discussed below, the panel has
concluded the evidence fails to preponderate against the findings of the trial
court.
Traci Nolan v. Covenant Health -
E2003-00288-WC-R3-CV View
Loudon County -
The trial court found the plaintiff did not prove that she contracted Hepatitis
C while in the course and scope of her employment. We affirm the judgment of
the trial court.
Charles Newman v. City of
Knoxville. - E2003-00841-WC-R3-CV View
Knox County -
In this appeal, the employee insists the trial court erred in granting summary
judgment in favor of the employer. As discussed below, the panel has concluded
the trial court erred in granting the employer summary judgment.
Cases posted the week of 11/10/2003
Marie Ann Burnett V. Wal-Mart -
W2003-00060-WC-R3-CV View
Henry County -
The only issues submitted to the trial judge were the extent of the employee's
vocational disability and whether the disability was related to the accident.
Employer appeals the award of thirty percent permanent disability to the body
for employee's work related accident. We affirm.
Beverly A. Taylor v. Ebasco Constructors -
E2002-01929-WC-R3-CV View
Rhea County -
The trial court found the employee was permanently and totally disabled as a
result of her exposure to aluminum during the course of her employment. The
employer contends the evidence is not sufficient to establish a compensable
work injury. The judgment of the trial court is affirmed.
Cases posted the week of 11/03/2003
Jose Silva v. Martin Lumber -
M2003-00490-WC-R3-CV View
Putnam
County - The employer appeals the judgment of the trial court awarding
the employee 36% vocational disability to his left hand. The employer contends
that the employee is not eligible for workers' compensation benefits because he
is an illegal alien who committed fraud by presenting false documentation of
his eligibility for employment. We find that injured worker in this case is an
"employee" within the meaning of the Workers' Compensation Act. We hold that by
presenting falsified documentation of employment eligibility, the employee did
not make a false representation as to his physical condition and that there was
no causal connection between this false representation and the injury to
warrant denial of benefits. Accordingly, the judgment of the trial court is
affirmed..
Cases posted the week of 10/27/2003
Whirlpool v. Sherry Pratt -
M2002-02449-WC-R3-CV View
Davidson
County - In this appeal, the employer questions the trial court's
award of 75 percent disability for a serious disfigurement. As discussed below,
the panel has concluded the evidence fails to preponderate against the findings
of the trial court.
Gene Patton v. Sevier
County - E2002-02004-WC-R3-CV View
The employer appeals an award
of disability benefits for aggravation of a pre-existing condition where there
is no detectible anatomical change. The employee challenges the sufficiency of
the award and the failure to award the statutory bad faith penalty. We affirm.
Cases posted the week of 10/20/2003
Permanent General Insurance v. Howard E.
Raymer, M2002-03042-WC-R3-CV View
Davidson
County - In this appeal, the appellant questions the trial court's
findings that the employee's hernias were work related and the extent of his
vocational disability. The appellant further contends the trial court erred in
not reducing the lump sum award to its present value. As discussed below, the
panel has concluded (1) the evidence fails to preponderate against the trial
court's findings of fact and (2) Tenn. Code Ann. § 50-6-229(a) prohibits
the reduction of a lump sum award to its present value.
Sharp Manufacturing v. Nicole Sullivan v. Yasuda Fire
& Marine - W2002-00857-SC-WCM-CV View
Shelby County -
The trial found the plaintiff suffered a 50 percent disability to her body as a
whole as a result of injury to her leg and abdomen, obviously applying the 2
½ times multiplier to the treating physician's impairment rating. As
discussed below, the panel has concluded the evidence does not preponderate
against the trial court's findings and we affirm.
Cases posted the week of 10/13/2003
Brian Chapman v. Bekaert Steel Wire -
W2002-00596-SC-WCM-CV View
Dyer County -
The claimant in this workers' compensation case has appealed the trial court's
decision awarding him permanent partial disability benefits of twenty-five
percent to the body as a whole. The trial court excluded the deposition of one
of the physicians who examined the claimant but made alternative findings if
the deposition were improperly excluded. The panel has concluded that the
evidence preponderates against the trial court's exclusion of the deposition
evidence. Accordingly, we reverse the trial court. We further find that the
evidence preponderates in favor of the trial court's alternative finding of
forty-five percent to the body as a whole. The trial court's judgment is
modified accordingly.
Katherine Elaine Sons v.
Zurich American -W2002-02244-WC-R3-CV View
Tipton County -
In this appeal, the employee insists the trial court erred in its application
of the successive injury rule and by applying the caps contained in Tenn. Code
Ann. § 50-6-241(a) to the medical impairment resulting only from her most
recent injury. The employer's insurer insists the evidence preponderates
against the trial court's finding that the employee is permanently disabled to
any extent. As discussed below, the panel concludes the successive injury rule
is inapplicable and the extent of the employee's permanent disability must be
determined in accordance with established rules relating to pre-existing
conditions.
Kasey Dunn-Lindsey v. Wal-Mart -
W2002-02742-WC-R3-CV View
Shelby County -
In this appeal, the employer and its insurer insist the trial court erred in
assessing a bad faith penalty, awarding attorney's fees and costs and ordering
medical expenses paid directly to the injured employee. As discussed below, the
panel has concluded the judgment should be affirmed as to the bad faith penalty
and award of fees and costs, and remanded to the trial court for further
consideration.
Derrek Harper v. Gulf
Insurance - W2002-02230-WC-R3-CV View
Shelby County -
In this appeal, the injured employee insists the award of permanent partial
disability benefits, limited to the medical impairment rating offered by the
treating physician, is inadequate and that the trial court erred in failing to
award temporary total disability and future medical benefits. As discussed
below, the panel has concluded the judgment should be modified by increasing
the award of permanent partial disability benefits to one based on all relevant
factors established by the proof and by including temporary total and future
medical benefits.
Cases posted the week of 10/06/2003
Bobby J. Laxton v. State -
E2002-02281-WC-R3-CV View
The
Claims Commissioner sustained a motion for summary judgment in favor of the
employer and held the action was not timely filed within the one year period of
time allowed by the statute of limitations. The employee contends he filed the
claim within one year of his becoming aware he was disabled to work. Judgment
of the Claims Commission is affirmed.
Kathy
Davenport v. Wal-Mart - E2002-02156-WC-R3-CV View
Washington
County - The employer asserts the trial court erred in adopting the
medical impairment rating of the evaluating physician rather than the opinion
of the treating physician. We affirm.
Cases posted the week of 09/29/2003
John Jones v. Conagra Grocery Products -
W2002-01947-SC-WCM-CV View
Gibson County -
The trial court determined that: (1) the employee is 100% disabled and that he
is limited by Tenn. Code Ann. 50-6-207(4)(A)(i) to 260 weeks of benefits; and
(2) the employer is entitled to a reduction for the Social Security payments
made on behalf of the employee totaling $25,296.00. The employer was ordered to
continue to be liable for employee's medical treatment for chronic obstructive
pulmonary disease in accordance with the workers' compensation law. As
discussed below, the panel has concluded the judgment should be affirmed.
Willie Christopher v. Plumley Marugo -
W2002-02007-SC-WCM-CV View
Henry County -
The appellant presents the following issue for review: Whether the trial court
erred in finding that the expert medical testimony established that the
plaintiff's injury and/or medical impairment arose out of and in the course of
his employment with the defendant.