| Harris v. Sabh-Mor Flo
03S01-9712-CH-00142
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 employee, Geraldine Harris, has appealed from the action of the trial court in dismissing her claim against her employer, Sabh-Mor Flo Industries. Plaintiff sustained a work-related injury during October 1994 to her arm and shoulder. After receiving some treatment, she returned to work at a wage equal to or greater than she had been receiving prior to the accident. In determining her entitlement to permanent disability benefits, the trial court found her return to work was meaningful within the scope of our statute, T.C.A. _ 5-6-241(a)(1), and that since her medical impairment rating was 11%, the award of permanent disability was capped at 2 _ times the medical impairment, which resulted in a 27.5% disability award to the body as a whole. Upon her return to work, she was given another job where she worked for four or five weeks. When this job ended, she was assigned a job classified as a "service agent." This position involved her understanding the basic parts of a water heater in order to handle telephone customer complaints. She was also required to operate a computer. She received several weeks of training and attempted to perform her new duties. The record is quite clear she did not perform satisfactorily. She testified she could not do the work and needed more training and her employer also felt she could not do the work. She testified that after several days attempting to do the work, she was called to the office and was told, "we don't think you are going to make it." She was terminated on April 3, 1997 which was less than two months after the February 13th trial. The present action seeking a reconsideration of the original award of 27.5% disability under T.C.A. _ 5-6-241(a)(2) was instituted on May 2, 1997. At this hearing there was a dispute between the parties as to the exact reason for plaintiff 's discharge. Plaintiff contended she was terminated because she could not perform the duties she was asked to do. Defendant-employer contended she fell asleep on the job and was terminated for refusing to obey a direct order. 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Knox County | Workers Compensation Panel | 04/22/99 | |
| State vs. Drew vs. Saunders
01C01-9712-CR-00584
|
Davidson County | Court of Criminal Appeals | 04/22/99 | |
| State vs. Bobby Wilson
01C01-9711-CC-00552
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Court of Criminal Appeals | 04/22/99 | ||
| State vs. Jeffery L. Perry
01C01-9710-CC-00467
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 04/22/99 | |
| Alvin Seagroves vs. State
01C01-9711-CC-00553
|
Grundy County | Court of Criminal Appeals | 04/22/99 | |
| State vs. Denetra S. Cook
01C01-9804-CC-00175
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 04/22/99 | |
| State vs. Sidney/Donald McGlowan
02C01-9706-CR-00225
|
Shelby County | Court of Criminal Appeals | 04/22/99 | |
| State vs. David Sharp
02C01-9807-CR-00225
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 04/22/99 | |
| 02A01-9807-CH-00203
02A01-9807-CH-00203
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 04/22/99 | |
| 02C01-9806-CR-00192Cecil
02C01-9806-CR-00192Cecil
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 04/22/99 | |
| Georgia/Newman Cross vs. City of Memphis
02A01-9807-CV-00199
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 04/22/99 | |
| State vs. King David Johnson
01C01-9808-CC-00329
|
Maury County | Court of Criminal Appeals | 04/22/99 | |
| State vs. Earl Raines
E1999-01340-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 04/22/99 | |
| Richard Stanley Russell vs. State
01C01-9707-CR-00302
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 04/21/99 | |
| State vs. Shaun Dinwiddie
02C01-9809-CC-00268
|
Madison County | Court of Criminal Appeals | 04/21/99 | |
| State vs. James Young
02C01-9805-CR-00144
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 04/21/99 | |
| Globe Business Furniture of Tennessee, Inc. v. Gayla Young
01S01-9804-CV-00074
Authoring Judge: Weatherford
Originating Judge:Hon. Thomas Goodall, Jr. |
Sumner County | Workers Compensation Panel | 04/21/99 | |
| David W. Reed v. WaUSAu Insurance Company
01S01-9802-CH-00038
Authoring Judge: Per Curiam
Originating Judge:Hon. Charles Smith |
Wilson County | Workers Compensation Panel | 04/21/99 | |
| Aaron M. Bryant vs. State
01C01-9801-CR-00038
|
Davidson County | Court of Criminal Appeals | 04/21/99 | |
| State vs. Vernon Love
02C01-9801-CC-00011
|
Carroll County | Court of Criminal Appeals | 04/21/99 | |
| State vs. Mitchell Edward Mingie
03C01-9804-CR-00133
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Hamilton County | Court of Criminal Appeals | 04/21/99 | |
| State vs. Robert P. Thurman
01C01-9807-CC-00293
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Marshall County | Court of Criminal Appeals | 04/21/99 | |
| Rocky Lee Coker vs. State
01C01-9804-CC-00152
|
Sequatchie County | Court of Criminal Appeals | 04/21/99 | |
| State vs. Charles D. Mullins
01C01-9709-CC-00388
Originating Judge:William B. Cain |
Maury County | Court of Criminal Appeals | 04/21/99 | |
| Major Richardson, Jr. vs. State
01C01-9803-CR-00111
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 04/21/99 |
