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| Michael Lee Proffit v. Superior Industries, Inc.
03S01-9701-CH-00008.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer has appealed from an adverse judgment, contending the award of permanent partial disability benefits is excessive. The employee contends the appeal is frivolous. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Proffitt, is 37 years old with a fifth grade education and experience as a mason's helper, a painter, a farm worker and a sawmill operator. He began working for the employer in 1993 as a janitor. On April 25, 1994, he was assisting another worker to empty a heavy trash barrel when he felt a sudden pulling sensation in his back. He continues to have sharp pain in his back and numbness in his back and legs. He no longer works for Superior Industries. Four medical doctors testified at the trial. Dr. Henry J. Williams treated the claimant in the emergency room shortly after the accident and diagnosed lumbar strain. The doctor first assigned no permanent impairment. After further visits, however, he assessed a permanent impairment of one percent to the body as a whole. Dr. Matthew Wood, Jr. examined the claimant and found no permanent impairment. Dr. Fred Killefer agreed with Dr. Wood. Dr. Calvin J. Johnson examined the claimant and found objective evidence of injury in the form of muscle spasm. He diagnosed chronic low back syndrome with facet arthritis and assessed ten percent permanent impairment to the whole body. He restricted the claimant from repetitively bending, stooping, squatting or lifting more than twenty pounds. The trial judge awarded permanent partial disabilitybenefits on the basis of twenty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Once the causation and permanency of an injury have been 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State vs. Jeffery Casey
02C01-9701-CC-00015
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Willliam Trotter .
01C01-9701-CR-00019
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Davidson County | Court of Criminal Appeals | 02/24/98 | |
| Geneva Grahl vs. Lillie Davis, Et al
03S01-9701-CV-00011
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Supreme Court | 02/23/98 | ||
| State vs. Hoxie
03S01-9706-CR-00061
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Knox County | Supreme Court | 02/23/98 | |
| Johnny Moffitt vs. Carthel Smith
02A01-9705-CV-00095
Originating Judge:John Franklin Murchison |
Henderson County | Court of Appeals | 02/23/98 | |
| State vs. Timothy Dean Martin
01C01-9609-CC-00393
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 02/23/98 | |
| Rudy Holmes vs. Sheriff Jack Owens, et al
02A01-9706-CV-00115
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 02/23/98 | |
| Ray Thompson vs. State
02A01-9705-BC-00102
|
Court of Appeals | 02/23/98 | ||
| State vs. Daniel Bailey
02C01-9612-CR-00456
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Irwin
03S01-9702-CC-00021
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Blount County | Supreme Court | 02/23/98 | |
| State vs. Grapel Simpson
02S01-9702-CC-00010
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McNairy County | Supreme Court | 02/23/98 | |
| State vs. Anthony Merlo
01C01-9611-CC-00471
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 02/23/98 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Davidson County | Court of Criminal Appeals | 02/23/98 | |
| Lutcher Eidson vs. State
01C01-9607-CR-00295
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/23/98 | |
| Shelby County Deputy from the Shelby County Sheriff's Association, et al., v. Shelby County, Tennessee et al.
02A01-9706-CH-00126
This appeal involves a declaratory judgment suit in chancery court related to a previous proceeding in criminal court pursuant to the provisions of the “anti-fee statutes,” T.C.A. § 8-20- 101 et seq.. The plaintiffs are Shelby County Deputy Sheriff’s Association, Sergeant Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald Ray, and Sergeant Mark Rochevot. The defendants are Shelby County, Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A. C. Gilless, Jr. The complaint alleges in substance as follows:
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/23/98 | |
| State vs. Landy Kash
01C01-9705-CR-00179
Originating Judge:J. O. Bond |
Smith County | Court of Criminal Appeals | 02/23/98 | |
| State of Tennessee v. Fred Arthur Stier
W1999-600-CCA-R3-CD
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 02/20/98 | |
| Landry, Jr. vs. Rudd
01A01-9707-CV-00303
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/20/98 | |
| Franko Fykes vs. State
01C01-9611-CR-00490
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Edward Huddleston
02C01-9706-CC-00228
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Christopher Gibbs
01C01-9611-CC-00464
Originating Judge:Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Fredrick Butler
02C01-9705-CR-00191
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Michael Harvey
02C01-9701-CC-00049
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 02/20/98 | |
| Devore vs. Deloitte & Touche
01A01-9602-CH-00073
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 02/20/98 |