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Shelby Williams Industries v. Alton Sane 03S01-9601-CH-00004 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, Shelby Williams Industries, Inc., instituted suit against Defendant, Alton Sane, seeking a determination as to whether the defendant had sustained a work-related injury which was compensable. The Chancellor found the claim to be compensable and fixed defendant's permanent partial disability at fifty percent to the body as a whole. The employer has appealed insisting the evidence is not sufficient to support the award and that the evidence preponderates against the trial court's findings. The employee is forty years old and has a twelfth-grade education. He testified he sustained an injury on July 12, 1994, while assembling chair backs; he was using a two-wheel dolly and, as he rolled it, a chair frame started to slide off and he attempted to catch it with the dolly in one hand and the frame in the other hand; while in this position, he felt a jolt in his low back; the next morning his legs tingled, and there was a numb feeling. He was seen at the hospital emergency room and was released; he also saw the company physician and later an orthopedic surgeon; he returned to work on August 3, 1994. The employee told the court he was injured again on October 7, 1994, while doing the same type work; he said, while in a twisted position, he bent over to get a chair seat; as he was reaching for the seat, he sneezed, and it felt like he had been shot; he saw the company doctor again and the orthopedic surgeon, who diagnosed the problem as a ruptured disc; surgery was performed during November, 1994; and he had not been released to return to work as of the date of the trial on August 31, 1995. Dr. William Foster, an orthopedic surgeon, testified by deposition and stated he saw defendant shortly after both the July and October incidents; his opinion in July was that he had suffered a lumbar strain with a possible ruptured dis,c but he did not do further testing as his patient seemed to improve and returned to work; he 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Dennis H. Inman,	Hamblen County	Workers Compensation Panel	10/15/96
Vanessa Phillips v. Pennsylvania National Insurance Company 03S01-9512-CV-00128 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. In this appeal, the employer contends (1) that the evidence preponderates against the trial court's finding that the employee suffered an injury by accident in the course of her employment, (2) that the evidence preponderates against the trial court's finding that the employee's permanent impairment is causally related to her employment, (3) that the trial court erred in awarding medical expenses of an unauthorized provider, and (4) that the trial court abused its discretion with respect to the award of discretionary costs. The panel concludes that the judgment should be reversed, for the reasons set forth below. The employee or claimant, Vanessa Phillips, now Vanessa Dunkhase, is a thirty-three year old graduate of Jefferson County High School, who was employed as a boarder for Tennessee Machine & Hosiery. The employer manufactures socks, among other things. In the production process, damp socks are delivered in boxes or buggies to a pressing machine, where boarders remove them one at a time and place them on a form to be machine dried and pressed before being packaged for delivery and sale. On February 2, 1993, the claimant was treated by a dentist for an abscessed tooth. The next day, she asked to be excused from work, but the request was denied by the employer. After working a full shift for another employer, Hardee's, she reported to work at approximately 3:3 p.m. About an hour later, she ran to the bathroom crying. Another employee checked on her but she did not claim any work related injury. The co-worker summoned the claimant's supervisor, Jim Sullivan. The claimant told Sullivan that she was sick with an upset 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Ben W. Hooper, Ii,	Knox County	Workers Compensation Panel	10/15/96
Greene County, Tennessee v. Lisa Ward, Jarrod Ward and Jordan Ward 03S01-9510-CH-00116 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. These cases were instituted by Greene County, Tennessee, plaintiff, against the dependents of William Guy Ward, deceased, and Robert John Desormeaux, deceased, defendants, to determine whether the deaths of the two individuals are compensable under the Workers' Compensation laws of our state. The trial court determined the claims were not compensable as their deaths did not arise out of and in the course of their employment. Defendants have appealed insisting the evidence preponderates against this finding. William Guy Ward and Robert John Desormeaux were part-time auxiliary officers of the Greene County Sheriff's Department. They died as a result of an airplane crash on the night of July 11, 1994, at about 11: p.m. The airplane was being operated by Officer Desormeaux and Officer W ard was riding as a passenger. The record indicates auxiliary officers received limited training as compared to the training of a regular certified deputy sheriff. As auxiliary officers, they were scheduled to work twice a month for 8-16 hours, and this assignment was on weekends because the Sheriff's Department was usually busier at this time during the week. Auxiliary officers were always assigned to work with a regular certified deputy sheriff on patrol and were paid $5. per hour when performing scheduled work. The evidence indicates an auxiliary officer could work at other times with permission but would not be compensated for this work activity. Officers Ward and Desormeaux had been auxiliary officers for about one year, and their work activity with the Sheriff's Department had been riding with and assisting a regular deputy on patrol. As auxiliary officers, they were bonded deputies. The Auxiliary Organization Manual Of The Greene County Sheriff's Department provided auxiliary personnel shall follow the direction of full-time 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Dennis H. Inman	Greene County	Workers Compensation Panel	10/15/96
Shelby Williams Industries v. Alton Sane 03S01-9601-CH-00004 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, Shelby Williams Industries, Inc., instituted suit against Defendant, Alton Sane, seeking a determination as to whether the defendant had sustained a work-related injury which was compensable. The Chancellor found the claim to be compensable and fixed defendant's permanent partial disability at fifty percent to the body as a whole. The employer has appealed insisting the evidence is not sufficient to support the award and that the evidence preponderates against the trial court's findings. The employee is forty years old and has a twelfth-grade education. He testified he sustained an injury on July 12, 1994, while assembling chair backs; he was using a two-wheel dolly and, as he rolled it, a chair frame started to slide off and he attempted to catch it with the dolly in one hand and the frame in the other hand; while in this position, he felt a jolt in his low back; the next morning his legs tingled, and there was a numb feeling. He was seen at the hospital emergency room and was released; he also saw the company physician and later an orthopedic surgeon; he returned to work on August 3, 1994. The employee told the court he was injured again on October 7, 1994, while doing the same type work; he said, while in a twisted position, he bent over to get a chair seat; as he was reaching for the seat, he sneezed, and it felt like he had been shot; he saw the company doctor again and the orthopedic surgeon, who diagnosed the problem as a ruptured disc; surgery was performed during November, 1994; and he had not been released to return to work as of the date of the trial on August 31, 1995. Dr. William Foster, an orthopedic surgeon, testified by deposition and stated he saw defendant shortly after both the July and October incidents; his opinion in July was that he had suffered a lumbar strain with a possible ruptured dis,c but he did not do further testing as his patient seemed to improve and returned to work; he 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Dennis H. Inman,	Hamblen County	Workers Compensation Panel	10/15/96
03C01-9509-CC-00256 03C01-9509-CC-00256 Originating Judge:E. Eugene Eblen	Roane County	Court of Criminal Appeals	10/15/96
02A01-9409-CH-00213 02A01-9409-CH-00213 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	10/14/96
03C01-9506-CC-00178 03C01-9506-CC-00178 Originating Judge:D. Kelly Thomas, Jr.	Blount County	Court of Criminal Appeals	10/14/96
01S01-9509-CR-00170 01S01-9509-CR-00170 Originating Judge:Walter C. Kurtz		Supreme Court	10/14/96
02S01-9507-CH-00056 02S01-9507-CH-00056		Supreme Court	10/14/96
03A01-9605-CV-00163 03A01-9605-CV-00163		Court of Appeals	10/11/96
01A01-9510-DR-00464 01A01-9510-DR-00464 Originating Judge:Burton D. Glover	Robertson County	Court of Appeals	10/11/96
03A01-9603-CV-00078 03A01-9603-CV-00078 Originating Judge:Bill Swann	Knox County	Court of Appeals	10/11/96
03A01-9604-CV-00119 03A01-9604-CV-00119		Court of Appeals	10/11/96
01A01-9604-CV-00145 01A01-9604-CV-00145 Originating Judge:Walter C. Kurtz	Davidson County	Court of Appeals	10/11/96
01A01-9601-CH-00046 01A01-9601-CH-00046 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	10/11/96
02A01-9509-CH-00202 02A01-9509-CH-00202 Originating Judge:C. Neal Small	Shelby County	Court of Appeals	10/10/96
Joseph Jarreau v. Vanliner Insurance Company 01S01-9512-CH-00228 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. This appeal presents the questions whether and under what circumstances, if any, an injured worker may give up his right to future medical expenses. The panel concludes the trial court's judgment, approving a settlement in which the right to future medical expenses was voluntarily surrendered for consideration, should be affirmed. The employee or claimant, Jarreau, commenced this civil action by filing a complaint for workers' compensation benefits, averring that he had suffered an injury by accident arising out of and in the course of his employment by Ozark Motor Lines, Inc. The complaint further averred, in relevant part, that his injury had been diagnosed as a tear of the left medial meniscus, that he had reached maximum medical recovery and would retain a permanent impairment but that there was a genuine dispute as to the extent of his permanent disability. He sought to recover medical and permanent partial disability benefits. Vanliner Insurance Company served its answer admitting it was the insurer for Ozark, but denying that the claimant had suffered a compensable injury or that he was permanently disabled. On September 8, 1994, before the case could be tried, the claimant and his attorney and the attorney for Vanliner appeared before Judge Capers seeking approval of a negotiated settlement. By the settlement terms, the claimant was to receive $25,459.2, representing a permanent partial disability of forty percent to the left leg, and an additional $9,54.8 in consideration of the claimant's relinquishment of any claim for future medical benefits, for a total of $35,.. Additionally, the claimant had already received $15,481.3 in medical benefits and $12,481.3 in temporary total disability benefits. We find in the record no transcript of the settlement hearing, but Judge Capers found that Dr. Robert V. Russell had opined the claimant had reached maximum medical improvement and would retain a permanent anatomical impairment of ten percent to the leg. The judge further found the settlement to be in the best interest of the claimant, "in light of the controversy and dispute between the parties." The agreement was approved as a full, final and complete settlement of Mr. Jarreau's claim against the employer and its insurer. Almost eight months later, on April 28, 1995, the claimant applied to the court, per Tenn. R. Civ. P. 6.2, for an order setting aside the settlement 2 Authoring Judge: Per Curiam Originating Judge:Hon. Bobby Capers,	Wilson County	Workers Compensation Panel	10/10/96
Jerry v. Smith 01C01-9411-CC-00390	Dickson County	Court of Criminal Appeals	10/10/96
02A01-9510-CV-00231 02A01-9510-CV-00231 Originating Judge:D'Army Bailey	Shelby County	Court of Appeals	10/10/96
02C01-9501-CR-00029 02C01-9501-CR-00029 Originating Judge:Joseph B. Dailey	Shelby County	Court of Criminal Appeals	10/10/96
Kenneth W. Leach v. Driver Power Leasing & Humboldt Express 01S01-9601-CV-00021 Authoring Judge: Per Curiam Originating Judge:Hon. Randolph A. Veazey,	Davidson County	Workers Compensation Panel	10/10/96
01C01-9510-CR-00345 01C01-9510-CR-00345 Originating Judge:James O. Bond	Wilson County	Court of Criminal Appeals	10/10/96
02A01-9505-CH-00102 02A01-9505-CH-00102	Fayette County	Court of Appeals	10/10/96
Kenneth W. Leach v. Driver Power Leasing & Humboldt Express 01S01-9601-CV-00021 Authoring Judge: Per Curiam Originating Judge:Hon. Randolph A. Veazey,	Davidson County	Workers Compensation Panel	10/10/96
Deborah Jean Barne v. Emerson Electric Company 02S01-9505-CV-00043 This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-22 5(e)(2). The employer contends the trial court erred in: 1. Awarding permanent partial disability benefits based on 8% to the left hand; and 2. Aw ardi ng th e cos t of o btain ing D r. Ro bert J. Ba rnet t's depos ition as a recove rable dis cretiona ry cost. We affirm the trial court as to both issues. Deborah Jean Barner ("Barner") is 41 years of age and a high school graduate. Other than attending college for one quarter, she has no additional educational experience , specialized training or vocational training. H er work history consists entirely of factory work. Prior to employment at Emerson, Barner performed assem bly work in a plastics factory a nd worked in fa ctories where clothing was co nstructe d and s hoes w ere ma nufactu red. On October 18, 1993, Barner injured her non-dominant left hand arising out of the course and scope of her employment. From a list of three doctors given to her by the employer, she chose Dr. Harrison, whose billing reflects that he treated her on four occasions over a four month period. Dr. Harrison referred her to Dr. Stonecipher, an o rthopedic surgeon. B arner became d issatisfied with Dr. Stonecipher's treatment and continued to have difficulty performing her job duties withou t swellin g and c onstan t pain. Barner was then referred by her attorney to Dr. David Gaw, who referred her to Dr. Charles Emerson, another orthopedic surgeon. Dr. Emerson's records, 2 Authoring Judge: Janice M. Holder, Judge Originating Judge:Hon. Julian Guinn,	Wayne County	Workers Compensation Panel	10/10/96