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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 11/17/2008
Knollwood Manor v. Mildred Cox - M2008-00151-WC-R3-WC View
Macon County - In this case employer appeals the trial court’s findings that the employee’s injury arose out of employment, that the employee did not make a meaningful return to work, and that the employee met at least three of the four criteria set forth in Tennessee Code Annotated section 50-6-242(b) by clear and convincing evidence and thus was not subject to the six times cap. We affirm the trial court’s finding that the employee’s injury arose out of her employment. However, we reverse the finding of the trial court with regards to the employee’s meaningful return to work. Our conclusion that employee made a meaningful return to work therefore precludes consideration of the issue of whether the six times cap applies.
Cases posted the week of 11/10/2008
Shane Dean Cross v. Pemberton Truck Lines, Inc., et. al. - E2007-02232-WC-R3-WC View
Cumberland County - On appeal, Employer contends that the trial court erred in finding that Employee’s expert and lay testimony established that his injuries arose out of and in the scope of his employment. Because the evidence does not preponderate against the findings, we affirm the trial court’s judgment.
Cases posted the week of 11/3/2008
Glenda Overton v. Regis Corporation - M2007-00069-WC-R3-WC View
Trousdale County - The trial court awarded the employee, Glenda Overton, 80% permanent partial disability to the body as a whole and temporary partial disability benefits in a stipulated amount. It also awarded a 25% lack of good faith penalty on the temporary disability for non-payment. The employer, Regis Corporation, has appealed, alleging that the trial court erred in finding that Ms. Overton sustained a permanent injury or, in the alternative, that the amount of the award is excessive. Regis also contends that the trial court erred in assessing the penalty for non-payment of the temporary disability benefits. We affirm the award of permanent disability and reverse the assessment of the penalty for non-payment.
Rene Burns v. Randstad North America, L.P. and Ace American Insurance Company - M2007-02431-WC-R3-WC View
Wilson County - In this case, the trial court ruled that the employee, Ms. Rene Burns, sustained a 49% permanent partial disability to the hand. The employer asserts that the trial court erred because it considered Ms. Burns’ disfigurement and alleged fear of equipment as part of the vocational disability award. Consequently, the employer contends that the trial court’s award was excessive. We agree and modify the award to 35% permanent partial disability.
Edith T. Staggs v. Travelers Indemnity Company, a/k/a St. Paul Travelers -
M2008-00016-WC-R3-WC View
Overton County - The employee, Edith Staggs, brought this action, claiming that she fell, injuring her hip, as a result of a slippery floor while working at Hardee's. Her employer's insurance company, Travelers Indemnity Co., claims that she fell as a result of a seizure. The trial court awarded benefits to Ms. Staggs, and found her to be a credible witness. Travelers Indemnity Co. appeals, arguing that the trial court ruled incorrectly when it determined that Ms. Staggs was a credible witness and that she sustained a compensable injury. We affirm the trial court's judgment.
Cases posted the week of 10/20/2008
JOHN W. KRANTZ, III, v. NISSAN NORTH AMERICA, INC. et al. - M2007-01812-WC-R3-WC View
Rutherford County - The employee, John W. Krantz, III, sustained a compensable back injury. His authorized physician placed restrictions upon his activities. The employer, Nissan North America, Inc., had a pre-existing written policy requiring adherence to medical restrictions at all times, including while away from the workplace. Mr. Krantz violated the restrictions in question by engaging in competitive horsemanship, and was terminated as a result. The trial court found that he did not have a meaningful return to work and awarded permanent disability benefits in excess of 1.5 times the anatomical impairment. Nissan has appealed, contending that the trial court erred by finding that Mr. Krantz did not have a meaningful return to work. We agree, and modify the judgment accordingly.
Cases posted the week of 10/6/2008
Ritescreen, Inc., et al. v. Donald Campbell - E2007-01441-WC-R3-WC View
Carter County - Employee alleged that he sustained an aggravation of pre-existing pulmonary disease as a result of exposure to a chemical in the workplace. The trial court awarded benefits. On appeal the employer contends that the evidence preponderates against the trial court’s decision. We affirm the judgment.