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| Handley v. Travelers
03S01-9611-CH-00113
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, Merlin Stephen Handley, has appealed from the action of the trial court in dismissing his claim for benefits. The Chancellor held plaintiff had failed to carry the burden of proof in establishing his heart attack was caused by his work activity. Plaintiff, 44 years of age, was employed by defendant, Canteen Food Services, Inc., as a route salesman. His duties required him to stock and service vending machines on an established route. On December 13, 1994, he had moved a large number of soft drink cases (75-8) prior to servicing vending machines on his route. This work was at a time when the building where he was working was particularly warm. He began to feel unusually short of breath; had some pain in his chest and tingling under his arm. After some period of time, he decided to go to a doctor who concluded he was having or was about to have a "full blown" heart attack. He was immediately admitted to a hospital where he remained for less than one week. After being discharged, he was off work for about six weeks. Sometime after returning to work, he continued to experience further problems and eventually terminated his employment with defendant. He found employment involving desk work where his income at the time of trial was somewhat higher than his earnings as a route salesman. Plaintiff testified he had never experienced any heart problems prior to his heart attack; that his mother had a heart attack in her fifties and he had a couple of uncles who died at a young age from heart disease. He also admitted he had smoked since the age of twenty and was a heavy smoker consuming one and a half to two packs a day. The only expert medical testimony was the deposition of Dr. Gregory Brewer, a cardiologist who treated plaintiff. His diagnosis was acute myocardial infarction. He 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Earl H. Henley, |
Knox County | Workers Compensation Panel | 10/22/97 | |
| State vs. Reneau
03C01-9610-CC-00367
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/22/97 | |
| Emily Mills v. Baptist Hospital of East Tennessee, Inc.
03S01-9611-CV-00110
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 trial court found the plaintiff had sustained a 1 percent vocational impairment to her left lower extremity as a result of an injury to her knee on September 25, 1991. The trial court further found the plaintiff reached maximum medical improvement on March 3, 1993. Additionally, the trial court found the defendant was not liable for medical bills incurred by the plaintiff after March 3, 1993. The plaintiff appeals and claims the trial court erred in limiting the recovery to ten percent, that the period of temporary total disability should have extended until April 15, 1995, and that the trial court erred in holding the defendant was not liable for medical bills after March 3, 1993. The defendant raises as an issue the claim that the plaintiff has failed to show she sustained any disability as a result of her injury. We find the judgment of the trial court should be affirmed in all things except for the award of ten percent permanent vocational disability to the lower extremity. We find from the record the plaintiff is entitled to recover at the rate of 25 percent for the injury to her left lower extremity. The plaintiff was age 51 at the time of the trial; she had a high school diploma and was a certified nursing assistant. On September 25, 1991, she fell while working for the defendant. The medical evidence in this case was given by Dr. William M. Hovis, an orthopedic surgeon. Dr. Hovis found the plaintiff had a pre-existing arthritic condition in both knees. Dr. Hovis testified this can be exacerbated or accelerated by trauma. Dr. Hovis treated the plaintiff for the injury to her knee by various means. He testified she had reached maximum medical recovery on March 3, 1993. Dr. Hovis was of the opinion the plaintiff had a 15 percent impairment to her left leg, with five percent of this caused by the fall and the remainder by the arthritic condition. W hether Dr. Hovis placed restrictions on the plaintiff because of her injury when she returned to work is less than clear. He testified she should refrain from climbing, squatting and kneeling. Dr. Hovis testified the restrictions were based on her overall condition. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Dale C. Workman, |
Knox County | Workers Compensation Panel | 10/21/97 | |
| State vs. Morrell
03C01-9511-CC-00344
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 10/21/97 | |
| Alma Jean Grayson v. Healthtrust, Inc., The Hospital Co.
01S01-9607-CH-00153
Authoring Judge: Senior Judge James L. Weatherford
Originating Judge:Hon . |
Rutherford County | Workers Compensation Panel | 10/21/97 | |
| Tracy Jenkins v. Bridgestone/Firestone, Inc.
01S01-9607-CV-00144
Robert S. Brandt, Senior Judge
Authoring Judge: Hon. Robert E. Corlew, III,
Originating Judge:Hon. Robert E. Corlew, III, |
Rutherford County | Workers Compensation Panel | 10/21/97 | |
| State vs. Powers
03C01-9606-CC-00222
|
Blount County | Court of Criminal Appeals | 10/21/97 | |
| State vs. Ray Thompson
02C01-9608-CC-00249
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/20/97 | |
| State vs. Sheline
03S01-9701-CR-00002
|
Supreme Court | 10/20/97 | ||
| State vs. Delvin Donehue
02C01-9701-CR-00034
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Shelby County | Court of Criminal Appeals | 10/20/97 | |
| Carter vs. State
03S01-9612-CR-00119
|
Greene County | Supreme Court | 10/20/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Roane County | Court of Appeals | 10/20/97 | |
| Stanbury vs. Bacardi
01S01-9609-CV-00178
|
Davidson County | Supreme Court | 10/20/97 | |
| State vs. Ray Thompson
02C01-9608-CC-00249
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/20/97 | |
| Decker vs. Orosz
03A01-9704-CV-00143
|
Knox County | Court of Appeals | 10/20/97 | |
| Brown vs. Baird
01A01-9704-JV-00148
Originating Judge:David Loughry |
Rutherford County | Court of Appeals | 10/17/97 | |
| State vs. Wilbert Rogers
02C01-9611-CR-00418
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 10/17/97 | |
| State vs. Michael South
02C01-9610-CC-00325
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/17/97 | |
| State vs. Mark Grimes
02C01-9610-CC-00337
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/17/97 | |
| State vs. Harvey Qualls
02C01-9610-CC-00331
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/17/97 | |
| State., ex. rel., Davis vs. Matikek
01A01-9702-CV-00090
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/17/97 | |
| Adcox & Graef vs. SCT Products
01A01-9703-CV-00123
Originating Judge:James E. Walton |
Robertson County | Court of Appeals | 10/17/97 | |
| First American Bank vs. National Project Services
01A01-9702-CH-00051
Originating Judge:Henry F. Todd |
Court of Appeals | 10/17/97 | ||
| Montague vs. TN. Dept. of Correction
01A01-9602-CH-00065
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 10/17/97 | |
| State vs. James Loper
02C01-9611-CC-00398
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 10/17/97 |