The following Opinions are available for download:
Cases posted the week of 11/28/2005
Paul Johnson, Jr. vs. Snap-On, Inc. -
E2004-01759-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 plaintiff alleges that his
employment subjected him to heavy metal dust which decreased his pulmonary
function. The defendant says that the decreased pulmonary function, if any, was
caused by smoking forty cigarettes a day for forty-five years, and pleads the
statute of limitation of one year, and lack of proof of causation. The trial
court awarded benefits based on a finding of 40 percent permanent partial
disability. We reverse and dismiss.
Danny
Russell v. ThyssenKrupp Elevator Mfg. - W2004-01472-SC-WCM-CV
View
Hardeman County
- This workers' compensation appeal has been referred to the Special Workers'
Compensation Appeals Panel in accordance with Tennessee Code Annotated section
50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of
fact and conclusions of law. In this case, the employer contends that the trial
court erred in finding: 1) that the employee's pre-existing leg condition was
aggravated by his work for the employer; 2) that the employee gave proper
notice of his injuries; and 3) that the employee had sustained a 90% permanent
partial disability to the body as a whole. For the reasons set out below, we
affirm the judgment of the trial court.
Building Materials Corporation v. Leonard
Coleman - M2004-01829-WC-R3-CV View
Davidson County -
This workers' compensation appeal has been referred to the Special Workers'
Compensation Appeal 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 employee sustained injuries to his
left shoulder while working for the employer. The trial court: (1) held that
the injury was compensable; (2) awarded a 45 percent vocational disability; (3)
awarded the employee 45 weeks of temporary total disability benefits; (4) held
that the employer denied the claim in bad faith; and (5) awarded a bad faith
penalty of 25 percent of the temporary total disability award plus 25 percent
of the permanent partial disability award. We affirm the trial court's finding
that the injury was compensable. We affirm the award of 45 percent to the arm.
We modify the award of 45 weeks of temporary total disability to 16 weeks. We
vacate the penalty for partial permanent benefits, but affirm the penalty for
temporary total benefits, as modified.
Cases posted the week of 11/14/2005
Charles W. Fish v. Dollar Tree Stores, Inc., et
al - M2004-01842-WC-R3-CV View
Dekalb County - The plaintiff sustained separate injuries to
his right and left shoulders while employed by the defendant. The trial court
awarded the plaintiff benefits for 33 percent permanent partial disability to
the body as a whole resulting from his right shoulder injury and 55 percent
permanent partial disability to the body as a whole resulting from his left.
The defendant contends the trial court erred in not applying the two and
one-half times impairment rating cap contained in Tenn. Code Ann. §
50-6-241(a)(1). In this case, the trial court found the plaintiff “a very
credible witness” and “believ[ed] basically everything that [he]
had to say about this case.” We find the evidence does not preponderate
against this determination, and affirm the judgment of the trial court. The
plaintiff has also alleged the defendant’s appeal to this Court was
frivolous, warranting an award of damages under Tenn. Code Ann. 50-6-225(h) and
27-1-122. We find no basis for such an award. Costs of appeal are taxed to the
defendant, Dollar Tree.
June Betty
Williams v. Saturn Corporation - M2004-01215-WC-R3-CV
View
Maury County
- In this appeal, the employer asserts that the trial court erred in awarding
$12,360 in temporary total disability benefits for the period between April 5,
2000, and September 19, 2000. We conclude that the evidence presented more
appropriately supported a finding that the employee was entitled to temporary
partial benefits in the amount awarded by the chancellor and, in accordance
with Tennessee Code Annotated § 50-6-225(e)(2), affirm the judgment of the
trial court as so modified.
Michael Ray
Wolford v. ACE Trucking, Inc., et al. - W2004-02905-WC-R3-CV
View
Decatur County
- The appellant, employee, argues that the trial court erred as a matter of law
in finding that the employee was 100% permanently partially disabled and seeks
an award of permanent total disability benefits. The appellees, the employer
and the Second Injury Fund, argue that the trial court was correct in finding
that the employee was not permanently and totally disabled. For the reasons
stated below, the panel has concluded that the judgment of the trial court
should be affirmed as modified.
Cases posted the week of 10/17/2005
Ben D. Braden vs. Boeing-Oak Ridge, Co. -
E2004-02194-SC-WCM-CV View
Knox
County - After a bifurcated hearing on the issue of causation, the
trial court found plaintiff's cirrhosis of liver condition was not caused by
his exposure to methyl ethyl ketone (MEK) and methyl ethyl toluene (MET) and
dismissed the complaint. Plaintiff's appeal challenges the ruling upon the
ground the trial court failed to properly weigh the expert testimony and also
upon the ground the trial court applied an incorrect standard of law to the
case. We find the evidence preponderates in favor of the conclusion of the
trial court and affirm the judgment in all respects.
Nicole Payne v. PML, Inc. - W2004-01064-SC-WCM-CV
View
Henry County - In
this case the employee, who had worked third shift for the employer, sustained
extensive injuries from a one-car accident about twenty minutes after leaving
the workplace. The employee contended that her exposure to the chemical toluene
at work caused fatigue and drowsiness which led to her accident. The trial
court found that the accident did not arise out of her employment and dismissed
the case. For the reasons set out in this opinion, we affirm the judgment of
the trial court.
Cases posted the week of
10/10/2005
Thomas Gary Weston III v.
Waste Management, Inc. - M2004-01036-SC-WCM-CV
View
Rutherford County
- The employee appeals the trial court's finding of no permanent disability. We
conclude that the judgment of the trial court should be affirmed.
Cases posted the week of
10/03/2005
Phyllis I. Suits v. M & M
Mars, Inc. - E2004-02368-COA-R3-CV View
Bradley County - The
trial court awarded plaintiff 25 percent disability to the body as a whole as a
result of sustaining a neck injury but dismissed plaintiff's claim for
depression and a lung injury. On appeal plaintiff contends the court was in
error in determining she had made a meaningful return to work and the award for
the neck injury should have been larger. Plaintiff also cites error for
dismissing the lung and depression claims. We affirm the judgment.