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| 01S01-9608-OT-00167
01S01-9608-OT-00167
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Supreme Court | 03/24/97 | ||
| Equity Group, Tennessee v. Sherri Leslie
01S01-9606-CH-00125
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue is whether the trial court erred in awarding the plaintiff benefits for a disability to her right leg. The plaintiff alleged and the court found that she injured her left knee on July 22, 1993 resulting in disability for which benefits were awarded, not here questioned. Nine months later, in April, 1994, she alleged that during the course of her employment her left knee collapsed, causing her to fall on her right knee resulting in a disabling injury. In the course of time she sought benefits for disability to both knees. The trial court found that both injuries were compensable, and awarded benefits based on 55 percent disability to the left knee and 4 percent to the right knee. The employer argues that the evidence falls short of proving that the plaintiff suffered an injury by accident to her right knee, and that the court's reliance on the testimony of Dr. Roy C. Terry was misplaced because he was not credibly informed. Dr. Terry testified that the right knee injury "could be" related to the July, 1993 injury. From this testimony the defendant extrapolates the argument that Dr. Terry assumed both knee problems arose in 1993, contrary to the testimony of the plaintiff that she injured her right knee in 1994. The argument continues that "could be" testimony alone is not sufficient; that there must be, at least, corroborating lay testimony. This is a correct legal assertion. See Livingston v. Shelby Williams, 811 S.W.2d 511 (Tenn. 1991). But there is corroborative lay testimony in this record. As stated above, the plaintiff testified that her left knee collapsed, causing her to fall on her right knee. It is true that she gave confusing, perhaps conflicting accounts of the episode, but the Chancellor, and not us, is the arbiter of her credibility, and of the weight to be accorded her testimony. See Walls v. Magnolia Truck Lines, 622 S.W.2d 526, 528 (Tenn. 1981). 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 03/24/97 | |
| James K. Ringrose v. Saturn Corp.
01S01-9607-CH-00141
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff sustained deQuervain's disease, an inflammatory condition which first manifested itself in November, 1992, while doing repetitive factory work for defendant. The trial court awarded 1 percent permanent partial disability to the right upper extremity for his right wrist injury. The plaintiff also developed an impingement injury to his right shoulder in August 1993. The trial court awarded 1 percent permanent partial disability to the body as a whole for this injury. We affirm the judgment of the trial court. Plaintiff first reported severe pain in his right wrist to the medical department of the employer on November 9, 1992. He was given an over-the-counter anti- inflammatory medication and a wrist splint. He went back to work. He returned to the medical department on January 28, 1993 with continuing complaints of pain. He was given a wrist splint and placed on work restrictions. Soon thereafter, the employer referred plaintiff to Franklin Bone and Joint Clinic, where he was given a corticosteroid injection in his right hand. He was told to wear a thumb splint and to temporarily avoid gripping with his right hand. On August 26, 1993 Plaintiff sustained an injury to his right shoulder, while pushing and pulling auto doors. The employer's medical department provided pain medication, ice packs and on-site physical therapy, then referred him to Dr. Jeffrey Cook, a board-certified orthopedic surgeon. Dr. Cook treated plaintiff from November 18, 1993 until April 11, 1995. He surgically removed the end of plaintiff's collar bone, bone spurs and scar tissue. On April 11, 1995, plaintiff told Dr. Cook that he was transferring to a position which would not require repetitive motion. Dr. Cook assessed no permanent disability, although he also opined that Dr. Gaw had seen plaintiff more recently, and therefore if Dr. Gaw thought plaintiff had 5 percent disability he would not disagree. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Donald P. Harris, |
Williamson County | Workers Compensation Panel | 03/24/97 | |
| Thomas Hickman v. Liberty Mutual Insurance Co.
01S01-9606-CV-00117
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff injured his back on April 29, 1994 while repairing a forklift truck for the employer, Richland, Incorporated. The trial judge awarded him 12-1/2 percent permanent partial disability. He appeals, asserting that the amount of disability should not have been based on the medical report of the first treating physician and that the two and one-half multiplier cap in TENN. CODE ANN. _ 5-6-241 should not have been applied under the facts of this case. We affirm the judgment of the trial court. Plaintiff sustained injury to his back on April 29, 1994 while lifting a cylinder head from a forklift truck. Medical records of Dr. Vaughan Allen, designated as Exhibit 1 to the Deposition of Dr. Earl M. Jeffres, indicate that plaintiff was first treated by Dr. Charles D. Haney, who prescribed medications and rest. When plaintiff did not improve, he was referred by the employer to Dr. Allen. In May of 1995 he was sent by his attorney to Dr. Earl M. Jeffres. The plaintiff first raises the issue that: "The trial court erred in basing its decision on the written report of a non-testifying physician [Dr. Allen] and rejecting the testimony of the only medical expert [Dr. Jeffres]." Dr. Allen's treatment records of May 24, 1994 and May 27, 1994 revealed that plaintiff had a loss of range of motion of his low back, muscle spasm and a straight leg raise test that was positive for lumbar injury. X-ray revealed a central disc protrusion. Plaintiff was taken off work and placed on physical therapy for four weeks. On June 28, 1994, plaintiff returned to Dr. Allen, stating that he was "better but not well." He told Dr. Allen that there was "absolutely no light duty and that he works at very heavy machines . . . " In light of this assertion by the patient, Dr. Allen advised him to continue the chronic exercise program and return for a re-check in two months. Allen further opined that "Certainly, if there is light duty he could start 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Hickman County | Workers Compensation Panel | 03/24/97 | |
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Court of Appeals | 03/24/97 | ||
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Court of Appeals | 03/21/97 | ||
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Court of Appeals | 03/21/97 | ||
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Hamilton County | Court of Appeals | 03/21/97 | |
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Court of Appeals | 03/21/97 | ||
| 03A01-9608-CH-00266
03A01-9608-CH-00266
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Greene County | Court of Appeals | 03/21/97 | |
| 03A01-9604-CV-00147
03A01-9604-CV-00147
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Jefferson County | Court of Appeals | 03/21/97 | |
| 01C01-9604-CC-00125
01C01-9604-CC-00125
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9510-CR-00317
03C01-9510-CR-00317
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9605-CC-00191
03C01-9605-CC-00191
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McMinn County | Court of Criminal Appeals | 03/20/97 | |
| 02A01-9604-CH-00083
02A01-9604-CH-00083
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 03/20/97 | |
| 02A01-9606-CH-00136
02A01-9606-CH-00136
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 03/20/97 | |
| 01C01-9601-PB-00037
01C01-9601-PB-00037
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Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9506-CR-00211
01C01-9506-CR-00211
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Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9604-CC-00133
01C01-9604-CC-00133
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Williamson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9604-CR-00130
01C01-9604-CR-00130
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Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9601-CC-00036
01C01-9601-CC-00036
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Rutherford County | Court of Criminal Appeals | 03/20/97 | |
| 02A01-9604-CH-00083
02A01-9604-CH-00083
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 03/20/97 | |
| 03C01-9510-CC-00314
03C01-9510-CC-00314
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Bradley County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9503-CR-00067
03C01-9503-CR-00067
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9601-CC-00043
03C01-9601-CC-00043
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 03/19/97 |