The following Opinions are available for download:
Cases posted the week of 12/27/2004
Earl Mullins v. Quebecor World -
E2004-01241-WC-R3-CV View
Hawkins
County - The trial court awarded the employee 26 percent permanent
partial disability to the body as a whole. The employee has appealed insisting
the award is not adequate. The judgment is affirmed.
Velma Keller v. Snap-On - E2003-02379-WC-R3-CV
View
Washington 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. The trial court awarded the employee
50 percent permanent partial disability to her left arm and 60 percent
permanent partial disability to her right arm as a result of carpal tunnel
syndrome injuries. Employer contends the awards are excessive. The judgment is
affirmed.
Cases posted the week of 12/06/2004
Timothy Harrison v. Peterbilt Motors -
M2003-01457-WC-R3-CV View
Robertson County - In
this appeal, the employee was on lay-off status at the time of the initial
award of 50% vocational disability (2 ½ times the medical impairment
rating). The employee filed a complaint for reconsideration shortly after he
participated in a walk-through at the plant and after which the employer found
that there were no jobs available within the employee's medical restrictions.
The employee contends that the trial court erred in dismissing his complaint
for reconsideration of an original award which he contends was granted under
Tenn. Code Ann. § 50-6-241(a)(1) and that, because his employer retains
him on lay-off status but has not returned him to work, he is now eligible for
reconsideration under Tenn. Code Ann. § 50-6-241(a)(2). The trial court
dismissed the complaint finding the facts not sufficient to institute a new
cause of action under the statute. The panel concluded that the judgment of the
trial court should be affirmed.
Brenda
McIlroy v. Medical Specialty Clinic - W2003-02910-WC-R3-CV
View
Madison County - In
this appeal, the employer insists the trial court's award of disability
benefits based on 24 percent to the body as a whole is excessive under the
circumstances. As discussed below, the panel has concluded the evidence fails
to preponderate against the findings of the trial court.
Michael Britton v. Emerson Electric -
W2004-00396-WC-R3-CV View
Crockett
County - In this appeal, the employer insists the award of permanent
partial disability benefits based on 25 percent to the hand should be modified
to one based on 50 percent to the finger. As discussed below, the panel has
concluded the award should be modified to one based on 80 percent to the third
finger.
Cases posted the week of
11/29/2004
David Stupp v. Phillips Auto
Body - W2003-00285-SC-WCM-CV View
Shelby County - The
trial court determined that the plaintiff sustained a 25% vocational impairment
to the body as a whole. The defendant asserts that: 1) the plaintiff failed to
carry his burden of proof of permanent injury; 2) the trial court erred in
finding plaintiff had an operative disk lesion which necessitated surgery; 3)
the trial court erred in not granting defendant's motion for additional facts
or to amend judgement; and 4) the trial court erred in finding that Dr. Anthony
Segal's charges were reasonable and necessary and in granting plaintiff's
motion for discretionary costs. Plaintiff asserts that the trial court erred
when it awarded plaintiff a 25% disability impairment to the body as a whole,
urging that the award should have been higher. We agree with the position of
the plaintiff, and for the reasons set forth below, we modify the judgment of
the trial court to award a forty-five percent (45%) vocational disability to
the body as a whole.
Cases posted the week of
11/15/2004
Larry Thrasher v. Carrier
Corporation - M2003-01217-WC-R3-CV View
Coffee County - This
case, submitted on briefs, is before the Panel for a second time. In the first
appeal filed by the employer, this Panel reduced the trial court's award of
100% permanent partial disability for work-related injuries to the employee's
"two feet" to 40% permanent partial disability to "each foot." The employer
brings a second appeal contending that the trial court erred in interpreting
the Panel's judgment modifying the award. The employee contends that this is
both a frivolous appeal and a bad-faith effort to avoid paying the employee his
workers' compensation benefits. The Panel has concluded that the judgment of
the trial court is affirmed.
Cases posted the week of
11/08/2004
William G. Norvell v. Menlo
Logistics - W2004-00373-SC-WCM-CV View
Tipton County - In this
appeal, the employee insists the trial court erred in finding that his back
injury was not causally related to an accidental injury occurring at work on
October 4, 1999. As discussed below, the panel has concluded the judgment
should be reversed and the cause remanded for an award of benefits.
Cases posted the week of 10/18/2004
Judy Todd v. Continental Casualty
-W2003-01019-WC-R3-CV View
Gibson
County - The trial court determined that the plaintiff suffered a 69%
vocational impairment to the body as a whole. The defendant insurer asserts
that: 1) that the plaintiff had a meaningful return to work and that the 2.5
times caps should apply; and 2) that if the caps do not apply, the award was
excessive and not supported by the evidence. For the reasons set forth below,
we affirm the judgement of the trial court.
Cases posted the week of 10/11/2004
Janet Simpson v. Donaldson Co. -
E2003-02347-WC-R3-CV View
Greene
County - The trial court dismissed the claim finding the
employee’s condition did not arise out of her employment. Plaintiff
appeals and argues the evidence preponderates against the conclusion of the
trial court. Judgment affirmed.
Lori Ann
Johnson v. McKee Foods - E2003-02899-WC-R3-CV
View
Hamilton County -
The trial court dismissed the claim holding it was barred by the expiration of
the one year statute of limitations. The judgment is reversed as an issue of
fact exists as to whether the statute of limitations should be suspended until
the employee learned of her disability from her doctor.
Clyde Bishop v. Earthgrains Baking -
E2003-02714-WC-R3-CV View
McMinn
County - The Plaintiff claimed to have suffered a compensable back
injury. The evidence revealed that he had a congenital back condition which was
not aggravated by the claimed injury, and his suit was dismissed. The judgment
of dismissal is affirmed. The trial judge disallowed discretionary costs
because to allow such costs would deter the filing of workers’
compensation cases. On the issue of discretionary costs we reverse and remand
for a determination and award of discretionary costs.
Ellis L. Woods v. Lockheed Martin Energy -
E2003-01789-WC-R3-CV View
Morgan
County - The Plaintiff sustained a gradual hearing loss while working
for successive employers performing essentially the same duties. The trial
judge held that the last-injurious employment rule applied. We affirm.
Danny Capps v. Anvil International -
W2003-01414-SC-WCM-CV View
Chester
County - The trial court found that employee suffered a permanent
partial disability of 15% to the right arm. We affirm.
Donna Payton v. McKenzie Valve & Machining -
W2003-02094-WC-R3-CV View
Carroll
County - In this appeal, Employer argues: (i) that the trial court
erred in allowing the testimony of one of Employee's witnesses; (ii) that the
evidence preponderates against the trial court's finding that Employee's injury
was caused by her employment; and (iii) that the evidence preponderates against
the trial court's award of 37.5% permanent partial disability to each arm. We
conclude that the evidence fails to preponderate against the trial court's
decision to allow the testimony of Employee's witness, the trial court's
finding that Employee's injury was caused by her employment, and the trial
court's award of 37.5% permanent partial disability to each arm. We, therefore,
affirm the judgment of the trial court.
Shirley Moore v. Best Metal Cabinets -
W2003-00687-WC-R3-CV View
Haywood
County - In this appeal, the Employer argues that the trial court
erred in awarding permanent disability benefits to the Employee, in failing to
apply the 2.5 cap pursuant to Tennessee Code Annotated section 50-6-241(a), and
in failing to make specific findings of fact pursuant to Tennessee Code
Annotated section 50-6-241(c). We conclude that the evidence preponderates in
favor of the trial court's award of permanent disability benefit; that the
evidence fails to preponderate against the trial court's award of benefits that
exceed the 2.5 cap; and that the evidence preponderates against the trial
court's award of six times the anatomic impairment rating. We, therefore,
affirm the trial court's judgment, as modified.
Bernard Falcicchio v. Gibson Mechanical
Contractors - W2003-02078-WC-R3-CV View
Shelby County - In
this appeal, Employee argues that the trial court erred in granting the motion
to dismiss filed by Gibson Mechanical Contractors, Inc. and Amerisure Insurance
Company. We conclude that the trial court erred granting the motion to dismiss
and reverse the judgment of the trial court.