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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 12/10/2007
Willard Dickerson v. Invista Sarl - E2006-02144-WC-R3-WC View
Hamilton County - The employee alleged that he suffered a compensable injury as a result of a fall at his workplace. The trial court held that the injury was not compensable because the fall was idiopathic and was not associated with a hazard of the employment. Employee appeals, contending that the evidence preponderates against the finding of the trial court. We affirm the judgment.
Rick L. Morrison v. City of Knoxville - E2006-01658-WC-R3-WC View
Knox County - The trial court found that Employee had sustained a hearing loss as a result of his employment and awarded 30% permanent partial disability to the hearing of both ears. Employer has appealed, arguing that the trial court erred in finding that Employee's hearing loss was work related. In the alternative, Employer argues that the trial court erred in finding the hearing loss to be related to Employee's work for Employer. Finally, Employer contends that the trial court used an incorrect burden of proof. We affirm the judgment.
Mai Gooch v. City of Murfreesboro - M2006-01264-SC-WCM-WC View
Rutherford County - The trial court held that (1) Employee's job caused her injuries, (2) Employee’s delayed notice did not prejudice Employer, (3) Employee sustained a 60% permanent partial disability to the body as a whole, and (4) Employer should pay Employee’s discretionary costs pursuant to Rule 54.02 of the Tennessee Rules of Civil Procedure. Employee appeals the award of permanent partial disability benefits, contending she is permanently and totally disabled. Employer contends that the evidence preponderates against the trial court’s findings concerning causation and notice, and that sovereign immunity bars the award of discretionary costs. We reverse the trial court’s ruling on the assignment of discretionary costs and affirm all of the trial court’s other rulings.
Michael Hopkins v. Bridgestone Firestone North American Tire, LLC -
M2006-01357-WC-R3-CV View
Coffee County - Employee alleged that he had sustained a compensable aggravation of a pre-existing condition as a result of his employment. The trial court found that he failed to sustain his burden of proof on causation and dismissed his claim. Employee has appealed; he contends that the trial court erred in holding that he had not sustained a compensable injury. We affirm the trial court’s judgment.
Sheila Reece v. J. T. Walker Industries Inc. d/b/a Rite Screen, Inc. -
E2006-01555-WC-R3-WC View
Carter County - The employee developed bilateral carpal tunnel syndrome as a result of her employment. The trial court awarded her 50% permanent partial disability to both hands. The employer has appealed, contending the award is excessive. We modify the award to 50% permanent partial disability to both arms, and affirm the judgment.
Cases posted the week of 11/05/2007
Tammy Noonan v. Bridgestone/Firestone, Inc. - M2006-00586-SCV-WCM-CV View
Rutherford County - The defendant contends that the trial court erred in finding that plaintiff sustained a work-related injury to her right shoulder, in finding that plaintiff timely notified defendant of her injury, in awarding plaintiff fifty-two weeks temporary total disability benefits, and in determining that she suffered a 16% vocational impairment as a result of her injury. We disagree and therefore affirm the trial court’s decision.
Cases posted the week of 10/29/2007
Christin Pickens v. Delta Faucet - W2006-02174-WC-R3-WC View
Madison County - In this appeal, the employer, Delta Faucet, argues that the trial court erred in finding that the date of injury was prior to July 1, 2004, and that the award was therefore not subject to the "cap" of 1.5 times the anatomical impairment pursuant to Tennessee Code Annotated 50-6-241(d)(1)(a) (Supp. 2004). The employee argues that the award of 25% permanent partial disability to both arms is inadequate. We conclude that the injury occurred after July 1, 2004, and modify the award to 15% permanent partial disability to both arms.
Robert Kellow v. TML Risk Management Pool and the City of Lebanon - M2006-01573-WC-R3-WC View
Wilson County - In this case, the trial court found the Employee's bilateral shoulder injury to be compensable and awarded benefits for 50% permanent partial disability to the body as a whole. Employer asserts that the trial court erred by accepting the evaluating physician's opinion that Employee suffered an 11% impairment and by awarding Employee 50% permanent partial disability to the body as a whole. Employer also contends that the permanent partial disability award should be limited to one and one-half times Employee's medical impairment rating because there was a meaningful return to work. We find the trial court did not err in accrediting Employee's medical proof, but we conclude that the evidence in the record preponderates against the trial court's finding that Employee did not have a meaningful return to work. Thus, the trial court erred in awarding benefits in excess of the one and one-half statutory cap. We modify the trial court's judgment and award one and one-half of the medical impairment rating of 11% or 16.5% to the body as a whole.
Cases posted the week of 10/22/2007
Debbie Buckingham v. Fidelity & Guaranty Insurance Co., et al - M2006-01587-WC-R3-WC View
Wilson County - This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3). The trial court awarded eighty percent permanent partial disability to each arm, arising from employee's carpal tunnel syndrome. The employer, Convergys Corp., contends that the trial court erred in determining the date of injury, failed to apply the last-injurious-injury rule, and erroneously found that notice was timely. We affirm, as modified, the trial court's judgment.
Francois Dextra v. Western Express, Inc., et al - M2006-01815-WC-R3-WC View
Davidson County - A complaint was filed by Francois Dextra in the Circuit Court for Davidson County alleging both a claim based in tort and one appearing to seek workers’ compensation benefits. The trial court dismissed the tort claim and directed the case proceed as a workers’ compensation claim. After more than two years, the case was dismissed by the trial court for failure to prosecute due to the failure of Mr. Dextra to have his case set for trial. On appeal, Mr. Dextra has not asserted that the trial court abused its discretion in dismissing the workers’ compensation claim but alleges the trial court erred by dismissing his tort claim and converting it to one for workers’ compensation benefits. We find no abuse of discretion in the trial court’s dismissal of the case and affirm that judgment. Appellate jurisdiction with regard to the dismissal of Mr. Dextra’s tort claim lies with the Court of Appeals and, pursuant to Rule 17 of the Tennessee Rules of Appellate Procedure, the cause is transferred to that court for appropriate review.
Cases posted the week of 10/15/2007
Barbara Mathenia v. Milan Seating Systems - W2006-01215-SC-WCM-WC View
GIbson County - The employer asserts that the trial court erred by finding that the employee had proven a compensable injury, determining that the date of injury was May 13, 2004, and awarding the employee a permanent partial disability of 50% to the right arm. Pursuant to our duty to review and weigh the evidence, we conclude that the evidence does not preponderate against the trial court’s finding of a compensable injury. We disagree with the trial court’s finding of the date of the injury and the trial court’s award. Accordingly, we affirm the finding of a compensable injury and modify the date of injury and the amount of the award.
John Stone v. Randstad North America, et al. - W2006-00730-SC-WCM-WC View
Shelby County - The trial court awarded the plaintiff 80% permanent partial disability to the right leg. The appellants claim that the trial court’s award is erroneous because it was based on the body as a whole and not a scheduled member, and further that the award is excessive and is not supported by the evidence. We conclude that the trial court based its ruling on loss of use of the scheduled member. We further conclude that the preponderance of the evidence supports the trial court’s award. Accordingly, we affirm the trial court’s judgment.
Efram Lavance Watley v. City of Murfreesboro - M2006-01451-WC-R3-WC View
Rutherford County - In this case, the trial court found that the employee suffered from post-traumatic stress disorder as a result of witnessing a visually disturbing incident in the course of his job as a police dispatcher and awarded 15% permanent partial disability to the body as a whole. The employer has appealed, contending that the triggering incident was not beyond the normal stress associated with the employee’s job and was therefore not compensable. The employee contends the trial court’s award was inadequate. Because we find that the triggering event went beyond the normal stress level associated with the employee’s job and that the employee does not have to be exposed to danger in order to recover for a purely psychological injury, we affirm the trial court’s decision.
Cases posted the week of 10/08/2007
Jerry Scott v. Vought Aircraft Industries, Inc., et al - M2006-01306-WC-R3-CV View
DeKalb County - In this case, the trial court found the employee’s hearing loss to be compensable, and awarded benefits for ninety percent hearing loss to both ears. The employer has appealed, contending that the trial court erred in reopening the proof and ordering an independent medical examination after the case had been tried and a ruling had been issued. The employer also contends that the trial court erred in finding that the employee’s hearing loss was work-related, and that the size of the award is excessive. We hold that the evidence is sufficient to support the trial court’s finding on causation, even if the post-trial evidence is not considered, and affirm the amount of the award of permanent partial disability.
Johnny Townsend v C & GM Urban Electric Service, Inc., et al - M2006-01165-WC-R3-WC View
Davidson County - The court awarded 33% permanent partial disability to the body as a whole. The employee has appealed that ruling, contending that the trial court erred in excluding medical proof concerning a pre-existing disability unrelated to his work injury. The employee further contends that the trial court erred in failing to award permanent total disability benefits. We conclude that the exclusion of the medical evidence was error, but that it did not affect the result of the case. We affirm the judgment of the trial court as to permanent partial disability benefits.
Whirlpool Corporation v. Virginia Lasalle v. Sue Ann Head, Administrator of the Division of Workers' Compensation, et al - M2006-01397-WC-R3-WC View
Davidson County - The employee asserts that the trial court erred in awarding her a 43.75% permanent partial disability, rather than permanent total disability. We agree and therefore reverse the judgment of the trial court and enter judgment to the employee for permanent and total disability. We also conclude that the trial court erred by failing to calculate the disability resulting from the shoulder injury independent of the employee’s preexisting back injury. We therefore remand the case to the trial court for further proceedings.
Cases posted the week of 10/01/2007
Daisy L. Miller, surviving spouse
of Massey Miller, deceased v. Lehman-Roberts
Company -
W2006-01263-WC-R3-WC View
Shelby County - The trial court found that the
employee died as a result of a compensable occupational disease,
silicosis, which was caused by exposure to silica dust in the
course of his employment. The court awarded death benefits and
specified medical and funeral expenses to employee’s widow.
The employer has appealed that ruling, contending that the evidence
preponderates against the trial court’s finding on causation.
In the alternative, the employer requests that the case be remanded
to the trial court to determine the amount of a set-off, if any,
for Social Security old-age insurance benefits in accordance with
Tennessee Code Annotated section 50-6-207(4)(A)(i)(2005). We affirm
the judgment of the trial court.