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| Anita Gardner v. World Color Press, Inc.
02S01-9609-CH-00081
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 to the Supreme Court of findings of fact and conclusions of law. The issue presented is whether the trial court erred in finding that the plaintiff sustained a 2 per cent (2%) permanent partial disability to both arms. The standard of review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. R. App. P. 13(d); T.C.A. Section 5-6-225(e)(2). The panel finds that the evidence does not preponderate against the finding of the trial court and concludes that the judgment of the trial court should be affirmed. The employee, Anita Gardner, is thirty (3) years old and has a tenth (1th) grade education. She has obtained her GED and is currently enrolled in Dyersburg State Community College intending to become a nurse. She has worked for McDonalds Restaurant, Taco Casa Restaurant, Roseoco Gas Station and Doubleday Book Company. She went to work for World Color Press, Inc., in 1987. World Color Press prints, assembles and ships magazines. During much of her employment, she worked twelve (12) hours per day, seven (7) days a week. Her duties involved the use of her hands and wrists in a constant, fast paced, repetitive manner for long periods of time. In May of 1994, the plaintiff injured her left wrist (she is left handed), while using a manual banding device in the shipping department. In August of 1994, she began having trouble with her right wrist while working in the quality control 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Hon. Joe G. Riley, |
Dyer County | Workers Compensation Panel | 04/17/97 | |
| Pamela Sue Higgins v. Angelica Corporation
02S01-9605-CV-00050
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 to the Supreme Court of findings of fact and conclusions of law. Defendant appeals from the trial court's award of 45 per cent (45%) permanent partial vocational disability of each arm, following surgery on each wrist for carpal tunnel syndrome. Defendant raises three (3) issues, that the plaintiff's injuries are not causually related to her employment and therefore, not compensable; that the plaintiff did not give proper notice as required by Tenn. Code Ann. section 5-6-21; and that the preponderance of the evidence does not support the trial judge's finding that the plaintiff suffered a 45 per cent (45%) permanent partial vocational disability to each arm. The panel has concluded that the judgment of the trial court should be affirmed. The employee, Ms. Pamela Sue Higgins, is thirty-eight (38) years old, quit school in the eighth (8th) grade, and she has performed sewing work for different manufacturers for twenty (2) years. Ms. Higgins began her employment with Angelica on January 14, 1991. Shortly after going to work for Angelica she was seen by Doctor James H. Thomas, a family practitioner, with the specific complaint that her right wrist had hurt for five (5) days. Approximately two and one-half (2 l/2) months later she returned to Doctor Thomas with the same complaint. Doctor Thomas soon concluded that her problem was carpal tunnel syndrome in nature and referred her to Doctor L. David Johnson, an orthopaedic surgeon, for treatment. After treating her conservatively, excluding other possible causes of her symptoms, and based upon electrodiagnostic studies performed by Doctor Ron Bingham, on May 13, 1991, Doctor Johnson diagnosed her as having moderate carpal tunnel syndrome on the right, and severe carpal tunnel syndrome on the left. Doctor Johnson subsequently performed carpal tunnel surgeries on both right and left wrists. She was also seen by Doctors Cohn and Cramer, and Pechacek, in consultation, in the process of eliminating other causes for her symptoms and confirming her diagnosis. Doctor 2
Authoring Judge: Leonard W. Martin, Special Judge
Originating Judge:Hon. C. Creed Mcginley |
Hardin County | Workers Compensation Panel | 04/17/97 | |
| State vs. John F. Wolard
01C01-9612-CC-00532
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Montgomery County | Court of Criminal Appeals | 04/16/97 | |
| 01A01-9508-CV-00377
01A01-9508-CV-00377
Originating Judge:Don R. Ash |
Rutherford County | Court of Appeals | 04/16/97 | |
| Gloria Gilliland vs. Gary Stanley
02A01-9603-GS-00056
Originating Judge:William A. Peeler |
Tipton County | Court of Appeals | 04/16/97 | |
| 03C01-9601-CC-00016
03C01-9601-CC-00016
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 04/16/97 | |
| State., ex. rel., vs. United Physicians Ins.
01A01-9610-CH-00449
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/16/97 | |
| 01A01-9610-JV-00493
01A01-9610-JV-00493
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Knox County | Court of Appeals | 04/16/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamblen County | Court of Appeals | 04/16/97 | |
| Roberts vs. Lowe
03A01-9610-CC-00333
Originating Judge:Arden L. Hill |
Johnson County | Court of Appeals | 04/16/97 | |
| 02A01-9510-CV-00240
02A01-9510-CV-00240
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 04/16/97 | |
| El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
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Court of Appeals | 04/16/97 | ||
| Brian Grant vs. Tonya Grant
02A01-9603-CV-00053
Originating Judge:Wyeth Chandler |
Court of Appeals | 04/16/97 | ||
| Bryant vs. TN. Dept. of Safety
01A01-9509-CH-00398
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 04/11/97 | |
| Sliger vs. Stokes, et. al.
01A01-9609-CH-00403
Originating Judge:Vernon Neal |
Putnam County | Court of Appeals | 04/11/97 | |
| Cashion vs. Robertson
01A01-9506-CH-00257
Originating Judge:Ben H. Cantrell |
Court of Appeals | 04/11/97 | ||
| Mcpherson vs. Stokes, et. al.
01A01-9505-CH-00216
Originating Judge:C. Allen High |
Davidson County | Court of Appeals | 04/11/97 | |
| Clemmye Berger vs. Marvin Ratner, et al
02A01-9604-CV-00077
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 04/11/97 | |
| Draper vs. Reaver, et. al.
01A01-9609-CV-00394
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 04/11/97 | |
| State vs. Theodore Howard
02C01-9508-CR-00237
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Shelby County | Court of Criminal Appeals | 04/11/97 | |
| Hymel vs. Hymel
01A01-9703-CV-00136
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 04/11/97 | |
| Warren, et. vir vs. Metro Gov't., et. al.
01A01-9606-CV-00277
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 04/11/97 | |
| State vs. James Gray
02C01-9601-CC-00035
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 04/10/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Shelby County | Court of Appeals | 04/10/97 |