This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee was an LPN for a nursing home. She was diagnosed with carpal tunnel syndrome in 2003. She was terminated, for reasons unrelated to her work injury, in 2005. She began working in a similar job for a second nursing home. In September 2006, she had surgery to treat her condition. She sued the earlier employer, but not the latter employer, seeking workers’ compensation benefits. The trial court applied the “last day worked” rule, and found that the injury occurred while she worked for the second employer. The lawsuit was dismissed. The employee has appealed, arguing that the trial court erred in its determination of the date of her injury. We affirm the judgment.
In this workers’ compensation action, the employee, Byron Smallen, alleged that he had sustained a gradual hearing loss as a result of exposure to noise in the workplace. Ownership of his employer had changed approximately one year prior to his last day worked. The trial court awarded 50% permanent partial disability to the hearing of both ears, and assigned liability to the new owner of the business, International Muffler. That party has appealed, contending that the trial court incorrectly applied the last injurious exposure rule. The appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment.
This appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (2008). While operating a forklift at her place of employment, an employee injured her back. She subsequently made a claim for workers' compensation benefits. The trial court granted an award of 30% permanent partial disability to the body as a whole. The employer appealed, contending that the trial court erred by (1) basing the award on an impairment rating offered by a physician who was not on the authorized list of the employer and (2) declining to apply the 1.5 multiplier cap described in Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008). The employee sought additional medical expenses, including mileage, and temporary total disability benefits. The judgment of the trial court is affirmed as to the award of benefits and modified to include additional medical expenses. The cause is remanded for a determination of those expenses.
This appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law. It involves an employee with a pre-existing medical condition who sustained a work-related injury. The employer terminated the employee after he failed to report for work or call in after he had been released to return to work without conditions. Following a bench trial, the Circuit Court for Davidson County found that the employee had sustained a work-related injury that had aggravated a pre-existing condition. The trial court also determined that the employee had not made a meaningful return to work and, therefore, that the cap on benefits in Tenn. Code Ann. § 50-6-241(a)(1) (2005) did not apply. The trial court also determined that the employee was one hundred percent permanently partially disabled. The employer has appealed. While we affirm the trial court’s finding that the employee sustained a compensable injury, we vacate the finding that the employee had not had a meaningful return to work and that the employee was one hundred percent permanently partially disabled. Accordingly, we remand the case to the trial court for further proceedings consistent with this opinion.
This appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law. It involves a delivery driver who asserts that he sustained two work-related back injuries in 1999. Following surgery in 2002, the delivery driver’s surgeon assigned him a twenty-eight percent impairment and opined that the 1999 injuries had exacerbated a pre-existing back condition. The delivery driver later filed a complaint seeking benefits under the Workers’ Compensation Law in the Circuit Court for Davidson County. Following a bench trial, the trial court awarded the delivery driver sixty percent permanent partial disability and temporary total disability from March 2000 to September 2004. The trial court also directed the delivery driver’s employer to pay some of his medical expenses. On this appeal, the employer asserts that the trial court erred (1) by admitting the second deposition of the delivery driver’s surgeon, (2) by finding that the delivery driver had sustained a permanent impairment as a result of his work-related injuries, (3) by awarding the delivery driver temporary total disability benefits, and (4) by requiring it to pay a part of the delivery driver’s medical expenses. For his part, the delivery driver asserts that the trial court erred by failing to award him some of his claimed medical expenses and for declining to impose a bad faith penalty against the employer. We have determined that the award of temporary total disability benefits should be reduced and that the medical expenses awarded by the trial court should be paid directly to the providers rather than in a lump sum to the delivery driver. Therefore, we affirm the judgment as modified by this opinion.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for a hearing and a report of findings of fact and conclusions of law to the Supreme Court. The trial court awarded 50% permanent partial disability to the body as a whole to the employee. The employer asserts that the trial court erred by finding that the employee sustained a compensable aggravation of his pre-existing congenital condition. In the alternative, the employer contends that the trial court erred by finding that the employee did not have a meaningful return to work and by awarding more than two and one-half times the medical impairment under Tennessee Code Annotated section 50-6-241(a). We affirm the finding of compensability, reverse the finding that the employee did not have a meaningful partial disability to the body as a whole.
This is an interlocutory appeal by the State pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Defendant, Alkita M. Odom, was indicted for the offenses of forgery and criminal simulation, each in the amount of $250,000. The indictment reflected that each offense was a Class B felony. Upon the Defendant's motion, the trial court dismissed the indictment to the extent that it reflected Class B felonies because the court found that for the crime to be anything other than Class E felonies, the Defendant would have had to have actually obtained goods or services. The court then granted the State's motion to amend the indictment to reflect Class E felonies for the purposes of appeal. The State argues on appeal that the trial court improperly dismissed the indictment based on the grade of the offense charged. We agree. Accordingly, we reverse the dismissal of the indictment and reinstate it as originally returned by the Grand Jury.
This is a workers' compensation appeal referred to and heard by the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Defendant contends that the trial court erred in finding that plaintiff sustained a compensable work-related injury to his right shoulder, in awarding plaintiff temporary total disability benefits for work missed due to surgery, in awarding him a 12% disability to the body as a whole as to each shoulder, and in commuting the entire award into a lump sum payment. Plaintiff asks this court to find the Defendant's appeal in this case to be frivolous. We find the chancellor's rulings as to all these issues to be correct and affirm the trial court's decision. Finally, Plaintiff contends that the award is insufficient and that the trial court also erred in allowing Defendant to set-off benefits paid under the Defendant company's sickness and accident policy. Because we are unable to determine from the record the nature of the benefits paid by Defendant, we remand the case to the trial court for further proceedings consistent with this opinion.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. While at work, Employee received a message that her sister had fallen and injured herself. She started to leave for the purpose of checking on her sister. Before she reached her car, she tripped and fell in a parking lot on Employer’s premises. She sustained a broken wrist. Employer denied her workers’ compensation claim, contending that she was on a personal errand. The trial court found the injury arose from and occurred in the course of the employment, and awarded workers’ compensation benefits. Employer has appealed, arguing that the trial court erred in finding the injury to be compensable. We affirm the judgment, and find the appeal to be frivolous.
Employee sought workers’ compensation benefits and medical expenses for a shoulder injury he
allegedly suffered while working for Employer. The trial court bifurcated the trial with regard to (1)
whether the injury was compensable, and (2) if so, the extent of compensation benefits to which
Employee is entitled. At the close of Employee’s proof as to compensability, the trial court
dismissed Employee’s claim, finding that the issue of causation was not established. Employee has appealed this judgment. Employee contends that the evidence does not support the trial court’s ruling that he had failed to sustain his burden of proof as to compensability. We reverse the judgment dismissing the claim and remand the case to the trial court for proceedings consistent with this opinion.1
In this workers’ compensation case, the employee sustained a compensable shoulder injury. She alleged that she sustained an additional injury to her back as a result of medical treatment for the shoulder injury. Her employer denied that claim. A settlement of both claims was approved by the Department of Labor. The settlement agreement stated that the back injury was being settled on a disputed claim basis, pursuant to Tennessee Code Annotated section 50-6-206(b). The employee returned to work for her employer for approximately three years. She was unable to satisfy her production quota and was eventually terminated for that reason. She sought reconsideration of both claims in the trial court. The trial court held that reconsideration of the back injury claim was barred by the terms of the settlement. It denied reconsideration of the shoulder injury claim because her
termination was for “misconduct.” Employee has appealed, contending that the trial court erred.1 We affirm the judgment.
In this workers’ compensation action, the trial court found the employee had sustained an
occupational disease as the result of environmental conditions at a hazardous waste storage facility on the Oak Ridge National Laboratory Reservation. The employer has appealed on the ground that no specific irritant or contaminant was identified as having caused the employee’s illness and that the trial court was precluded from finding the employee sustained a compensable occupational disease because he suffered from chronic obstructive pulmonary disease prior to his employment with Bechtel Jacobs Co., LLC. After review of the record, 1 we affirm the judgment of the trial court.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee sustained a compensable injury to both of his shoulders in March 2005. The treating physician assigned 6% permanent anatomical impairment to the body as a whole. Employee suffered a second injury to his shoulders in February 2006. The same physician assigned an impairment of 7% to the body as a whole, which he described as a “cumulative” impairment for both injuries. Employee returned to work for Employer at wage equal to or greater than his pre-injury wage. The trial court awarded 9% permanent partial disability to the body as a whole for the first injury, and 10.5% permanent partial disability for the second injury. Employer has appealed, contending that the trial court incorrectly interpreted the medical testimony. We agree, and modify the judgment accordingly. Employee contends that the trial court erred by denying, on the basis of sovereign immunity, his motion for discretionary costs. We affirm the trial court’s ruling on this issue.
The employee worked as a long-haul truck driver for the employer, a carrier of motor freight. While operating a truck, the employee was struck in the rear of his trailer by another vehicle. Medical treatment was not deemed necessary at the time of the collision. Shortly thereafter, the employee reported pain in his neck and lower back. The trial court awarded 90% permanent partial disability.
On appeal, the employer raises the following issues: (1) whether the employee’s medical condition is causally connected to the vehicular accident; (2) whether the employee has sustained permanent impairment; (3) whether the employee is 90% disabled; and (4) whether the trial court’s award for the payment of medical expenses to Dr. Curlee, an unauthorized medical provider, is proper. The employee also appeals arguing that he is totally and permanently disabled. After review, the judgment of the trial court is affirmed.1
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, Employee contends that the trial court erred in finding that Employee’s permanent partial disability award should be capped at one and one-half times his medical impairment rating. Because the evidence does not preponderate against the findings, we affirm the judgment of the trial court.
The defendant, Steven Kelly Mezo, who was charged with two counts of the aggravated sexual battery of his daughter, A.M., was convicted of one count of aggravated sexual battery and one count of assault. The trial court ordered concurrent sentences of eight years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts that (1) he was denied his constitutional right of assistance of counsel of his choosing; (2) he was denied the effective assistance of counsel with regard to a pre-trial settlement offer; (3) the evidence was insufficient; and (4) the trial court erred by admitting hearsay statements.
The employee sought workers' compensation for a knee injury suffered in a fall. While acknowledging compensability for the claim, the employer sought to cap the award at 1.5 times the disability rating. See Tenn. Code Ann. _ 50-6-241(d)(1)(A) (2008). The trial court held that the employee was terminated due to her injury rather than her misconduct but applied the 1.5 cap on the award. The evidence does not preponderate against the trial court's factual findings, but its application of the cap was in error. The judgment of the trial court is reversed in part and the cause is remanded.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (2008)
for a hearing and a report of findings of fact and conclusions of law. It involves the efforts of a retired employee of an automobile manufacturer to obtain workers’ compensation benefits for an injury to his right shoulder that was diagnosed after his retirement and also to obtain reconsideration of an earlier award of workers’ compensation benefits for a work-related injury to his left shoulder. Following a bench trial, the Circuit Court for Williamson County concluded that the retired employee had sustained a compensable injury to his right shoulder and awarded him benefits based on a thirty-two percent permanent partial disability to the body as a whole. The trial court also determined that the employee was ineligible for reconsideration of the award for the injury to his left shoulder. On this appeal, the employer takes issue with the award for the injury to the employee’s right shoulder, and the employee takes issue with the trial court’s refusal to reconsider the award of benefits for the injury to his left shoulder. We have determined that the trial court properly declined to reconsider the award for the injury to the employee’s left shoulder. We have also determined that the evidence does not preponderate against the trial court’s conclusion that the injury to the employee’s right shoulder was work-related. However, we have determined that the trial court erred by failing to limit the award of benefits for the injury to the right shoulder to the cap in Tenn. Code Ann. § 50-6-241(d)(1)(A) (2008).
In this workers’ compensation action, the trial court found that the employee, Lisa Holt, had sustained a compensable injury and awarded 50% permanent partial disability to the body as a whole. The employer, Maxim Healthcare Services, Inc., has appealed, contending that the evidence preponderates against the trial court’s finding of a compensable injury. We affirm the judgment of the trial court.1
Twenty-six years after his retirement, the employee sought workers' compensation benefits from his employer for hearing loss. The trial court denied the claim. Because the evidence does not preponderate against the holding of the trial court as to causation, the judgment is affirmed.
After the employee suffered an employment-related injury to his right extremity, for which he was entitled to workers' compensation, the employer filed suit contesting any award of benefits for the employee's claim that the injury aggravated his pre-existing bipolar disorder. The trial court awarded compensation for the injury to the right extremity, capped at 1.5 times the impairment rating, but denied compensation for aggravation of the pre-existing condition. The employee appealed. The appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The cause is remanded with instructions for a determination of whether the trial court had subject matter jurisdiction.
Defendant contends that the evidence was insufficient to support the convictions of attempted burglary and possession of burglary tools. We affirm the judgments from the trial court.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court denied appellant Roy Samuel Batson’s claim for workers’ compensation benefits on the basis that Mr. Batson failed to establish that his disability was caused by his work. Mr. Batson has appealed. After our review of the record, we agree with the trial court that Mr. Batson has failed to carry his burden of proof with respect to causation. Accordingly, we affirm the judgment of the trial court denying Mr. Batson’s claim for benefits.
Employee sustained a compensable injury to his left knee. After surgery and recovery, his treating physician assigned 2% impairment to the left leg. At Employee’s request, an IME was conducted with the evaluating physician assigning 7% impairment. To resolve the disparity, the parties selected a neutral physician from the Medical Impairment Registry (“MIR”) to conduct an examination pursuant to Tennessee Code Annotated section 50-6-204(d)(5) (2005). That physician assigned 3% impairment to the leg. Employee obtained a second medical evaluation from a fourth physician, who assigned 13% impairment. The trial court, affording the statutory presumption of correctness to the MIR physician’s rating, concluded that 3% was “the accurate impairment rating” and that this rating had not been rebutted by clear and convincing evidence. Applying the 3% impairment rating in conjunction with the statutory cap of 1½ times the anatomical impairment, the trial court awarded 4.5% permanent partial disability to the leg. On appeal, Employee contends that he successfully rebutted the statutory presumption. After review, the judgment of the trial court is affirmed.
| Mark Gray v. Tyson Foods, Inc.
W2024-00447-SC-WCM-WC
Mark Gray (“Employee”) reported injuries after falling from a ladder while working for Tyson Foods, Inc. (“Employer”). The claim was accepted as compensable, and the parties entered into a settlement agreement providing permanent partial disability benefits. After the initial compensation period ended, Employee filed a petition for increased benefits. Following a hearing, the Court of Workers’ Compensation Claims (“trial court”) denied the request for increased benefits. The Workers’ Compensation Appeals Board (“Appeals Board”) affirmed. Employee has appealed, and the appeal has been referred to the Special Workers’ Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix.
Authoring Judge: Senior Judge Vanessa A. Jackson
Originating Judge:Judge Amber E. Lutrell |
Workers Compensation Panel | 01/23/25 | ||
| Brad Wigdor v. Electric Research & Manufacturing Cooperative, Inc., et al.
W2023-01733-SC-WCM-WC
Brad Wigdor brings this appeal challenging the facial constitutionality of several aspects of the Workers' Compensation Reform Act of 2013. The appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. Because we conclude that Wigdor's constitutional arguments lack merit, we affirm.
Authoring Judge: Senior Judge W. Mark Ward
Originating Judge:Judge Robert V. Durham |
Workers Compensation Panel | 12/12/24 | ||
| Albert Randall Worrell v. Obion County School District
W2023-01082-SC-WCM-WC
Albert Randall Worrell injured his shoulder in the course and scope of his employment with Obion County School District. Mr. Worrell and Obion County entered into a settlement agreement. Among other things, the agreement required Obion County to pay for future medical expenses related to his work injury. Almost three years after his initial injury, Mr. Worrell’s doctors recommended that he undergo shoulder replacement surgery. The Court of Workers’ Compensation Claims concluded that Obion County was not required to pay for the shoulder replacement surgery because Mr. Worrell did not prove that the recommended surgery was causally related to his work injury. The Workers’ Compensation Appeals Board affirmed. In his appeal to this Panel, Mr. Worrell presses federal and state constitutional challenges to two provisions of Tennessee’s workers’ compensation law—Tennessee Code Annotated section 50-6-116 (2014), which instructs courts to construe the workers’ compensation law fairly and impartially, and Tennessee Code Annotated section 50-6-102(14) (Supp. 2016), which defines the term “injury.” Mr. Worrell argues that both provisions violate the substantive due process protections of the United States and Tennessee Constitutions and the Open Courts Clause of the Tennessee Constitution. He further argues that the definition of “injury” violates the equal protection guarantees of the federal and state constitutions. We hold that the challenged statutory provisions are constitutional and affirm the judgment of the Workers’ Compensation Appeals Board.
Authoring Judge: Justice Sarah K. Campbell
Originating Judge:Judge Amber E. Lutrell |
Workers Compensation Panel | 07/19/24 | ||
| Natacha D. Hudgins v. Global Personnel Solutions, Inc., Et. Al.
E2023-00792-SC-R3-WC
This is an appeal from the Workers’ Compensation Appeals Board which affirmed a judgment of the Court of Workers’ Compensation Claims finding that Appellee Natacha Hudgins’ back injury was compensable and that the date of her maximum medical improvement was January 6, 2022. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.
Authoring Judge: Justice Dwight E. Tarwater
Originating Judge:Judge Thomas L. Wyatt |
Davidson County | Workers Compensation Panel | 03/05/24 | |
| David Hutchins v. Cardinal Glass Industries, Et Al.
E2023-00587-SC-R3-WC
Appellant David Hutchins challenges the trial court's denial of his Motion to
Authoring Judge: Judge Don Ashe, Sr.
|
Workers Compensation Panel | 01/11/24 | ||
| Arlene Ernstes v. Printpack, Inc.
W2023-00863-SC-R3-WC
Employee sought worker's compensation benefits based on hearing loss allegedly caused by continuous noise exposure during her employment with Employer. Employer denied the claim, asserting Employee failed to give timely notice of injury. After a compensation hearing, the trial court rejected Employer's notice defense and awarded benefits to Employee. The Workers' Compensation Appeals Board reversed the trial court's finding that Ernployee gave timely notice; vacated the order awarding benefits; and remanded the case for a deterrnination of whether Employee had a reasonable excuse for failing to give timely notice or whether Ernployer was prejudiced by the failure. On remand, the trial court again awarded benefits, concluding Employee did not offer a reasonable excuse but Employer failed to establish prejudice. In a second appeal, the Appeals Board construed the notice statute and concluded the clairn should have been denied and disrnissed. In this appeal, Employee argues the Appeals Board erred in its conclusion that Employee failed to satisfy the statutory notice requirement. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Suprerne Court Rule 51. We affirm.
Authoring Judge: Senior Judge Roy B. Morgan, Jr.
Originating Judge:Judge Timothy W. Conner |
Workers Compensation Panel | 01/02/24 | ||
| Patrece Edwards-Bradford v. Kellogg Company, et al.
W2022-01097-SC-R3-WC
Employee Patrece Edwards-Bradford filed a petition for benefit determination seeking permanent disability benefits for an alleged back injury. The Court of Workers' Compensation Claims denied Employee's claim, finding that she had not rebutted the presumption of correctness afforded to the causation and impairment opinions of her authorized treating physicians, and was therefore not entitled to permanent disability benefits. Employee has appealed, and the appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.
Authoring Judge: Senior Judge Thomas J. Wright
Originating Judge:Judge Deana C. Seymour |
Workers Compensation Panel | 09/05/23 | ||
| Tony R. Hearon v. State of Tennessee
E2022-00044-SC-R3-WC
Tony R. Hearon ("Employee') allegedly developed an occupational disease during the
Authoring Judge: Justice Roger A. Page, C.J.
Originating Judge:William A. Young, Commissioner |
Davidson County | Workers Compensation Panel | 01/19/23 | |
| Food Lion Inc. v. Kathryn Wilburn
E2021-01494-SC-WCM-WC
Kathryn Wilburn fractured her pelvis during the course and scope of her employment with
Authoring Judge: Judge Sarah K. Campbell
Originating Judge:Chancellor Elizabeth C. Asbury |
Campbell County | Workers Compensation Panel | 01/11/23 | |
| Sonney Summers v. RTR Transportation Services et al.
M2022-00084-SC-R3-WC
Employee Christine Summers was killed in the course and scope of her employment with RTR Transportation Services. Employee's surviving spouse, Sonney Summers, filed a claim for death benefits. The parties ultimately agreed that Mr. Summers was entitled to death benefits. However, they disagreed regarding whether the death benefits should be paid in a lump sum. They also disagreed regarding whether Mr. Summers's attorneys were entitled to have their fees paid in a lump sum and whether attorneys' fees were recoverable for burial expenses. The trial court determined that neither Mr. Summers's death benefits nor the attorneys' fees should be commuted to a lump sum payment. The trial court also found that attorneys' fees were not recoverable for burial expenses. The Workers' Compensation Appeals Board affirmed. Employee has appealed, and the appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm in part and reverse in part.
Authoring Judge: Robert E. Lee Davies, Sr. Judge
Originating Judge:Judge Robert Durham |
Workers Compensation Panel | 10/28/22 | ||
| Dianne Moore v. Beacon Transport LLC et al.
M2021-01451-SC-R3-WC
Employee Dianne Moore experienced bilateral numbness, weakness, and tingling from her mid-chest down after performing a work-related task as a truck driver for Employer Beacon Transport, LLC. Following initial treatment in a local emergency room in Ardmore, Oklahoma, Employee was seen by Oklahoma City neurosurgeon Dr. Joseph Cox. Dr. Cox diagnosed Employee with an incomplete spinal cord injury in the form of a spinal cord contusion or lesion, which he opined resulted from her work-related activity. Employee was subsequently seen by panel physician, Nashville, Tennessee neurologist Dr. W. Garrison Strickland. Dr. Strickland diagnosed Employee with a thoracic spinal cord lesion caused by transverse myelitis, a condition which was not work-related. Employee additionally was seen by Nashville, Tennessee neurologist Dr. Darian Reddick, who similarly diagnosed Employee with idiopathic transverse myelitis syndrome-myelitis of unknown origin—a condition which was not work-related. Employee self-referred to Goodlettsville, Tennessee neurologist Dr. James Anderson, who indicated that Employee suffered a work-related back injury with effect on the spinal cord caused by back strain with transient give-way of structural elements traumatizing the spinal cord. The Court of Workers' Compensation Claims denied Employee's claim for benefits, and the Workers' Compensation Appeals Board affirmed. Employee has appealed, asserting that the trial court erred in accrediting the causation opinions of Dr. Strickland and Dr. Reddick, over the opinions of Dr. Cox and Dr. Anderson and concluding that she had failed to establish her condition was work-related. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm.
Authoring Judge: Judge Thomas J. Wright, Senior Judge
Originating Judge:Judge Joshua Davis Baker |
Workers Compensation Panel | 10/24/22 | ||
| Jamie Henderson, as Surviving Spouse of David Joe Turner v. Pee Dee Country Enterprises, Inc. et al.
M2021-00970-SC-R3-WC
This appeal arises from an award of attorneys’ fees. At issue is whether the trial court, when determining an award of fees in a workers’ compensation death case, must consider the reasonableness of the attorneys’ fees or whether the trial court must deem the fees reasonable if the fees do not exceed twenty percent of the award. Employer also takes issue with a lump sum award of attorneys’ fees. We affirm the trial court’s award of $46,457.10 in lump sum.
Authoring Judge: Judge Kristi M. Davis
Originating Judge:Chief Judge Kenneth Switzer |
Workers Compensation Panel | 06/20/22 | ||
| Frederick Russell v. Aluma-Form, Inc., et al.
W2021-00717-SC-R3-WC
Employee Frederick Russell was working for Employer Aluma-Forrn, Inc. in January 2018 when he sustained an injury to his left shoulder and neck. He reported the injury and received treatment from an orthopedic specialist whose conservative approach to his case included an MRI, an EMG, physical therapy, and referrals to a neurosurgeon and a pain management specialist. Though Employee reported continued pain despite these efforts, his medical providers opined that they could find no objective basis for his reported syrnptoms and believed them unrelated to his work injury. Employee later sought treatment from a different, unauthorized orthopedic specialist who performed surgeiy on his shoulder and thereby discovered and repaired a previously undiagnosed torn labrum. Employee sought compensation, and after considering the proof, the Court of Workers' Compensation Claims held that Employee had established that his injury was caused by his workplace incident, that Ernployer was liable for his medical expenses including those incurred for unauthorized treatrnent, and that Employee was entitled to both permanent partial disability benefits and temporary total disability benefits. Employer appealed, arguing that the trial court erred on all three issues. The appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.
Authoring Judge: Senior Judge Robert E. Lee Davies
Originating Judge:Judge Amber E. Luttrell |
Workers Compensation Panel | 04/21/22 | ||
| Derinda Carr v. Windham Professionals, Inc. et al.
M2021-00451-SC-WCM-WC
Appellant Derinda Carr challenges the trial court's finding her neck injury did not arise primarily "out of and in the course and scope of' her employment. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We agree with the trial court and affirm the judgment.
Authoring Judge: Senior Judge Don R. Ash
Originating Judge:Judge Joe H. Thompson |
Sumner County | Workers Compensation Panel | 04/14/22 | |
| Amy A. Cummings-Boyd v. Law Offices of Jeffrey A. Garrety, P.C.
W2021-00720-SC-R3-WC
This appeal involves an employer's appeal of an order to compel medical treatment. The employer argues the trial court erred by ordering it to provide the employee specific continuing treatment, as well as treatments requested by all of her approved treating physicians in the future, without evidence that the continuing and future treatments are reasonably necessary and causally related to her work injury. The employer's appeal has been referred to this Special Workers' Compensation Appeals Panel pursuant to Tennessee Suprerne Court Rule 51. We affirm the trial court's order compelling the requested medical treatment, but modify the order to omit predetermined approval of future medical treatments, and affirm as modified.
Authoring Judge: Justice Holly Kirby
Originating Judge:Chancellor James F. Butler |
Madison County | Workers Compensation Panel | 03/04/22 | |
| Brett Rosasco v. West Knoxville Painters, LLC
E2020-01656-SC-R3-WC
Brett Rosasco (“Employee”) was injured when he was struck by a falling tree after he tried to use a portable restroom near his worksite. The Court of Workers’ Compensation Claims determined that Mr. Rosasco’s injury did not “arise primarily out of and in the course and scope of [his] employment” and granted summary judgment for West Knoxville Painters, LLC (“Employer”). See Tenn. Code Ann. § 50-6-102(14). Mr. Rosasco’s appeal has been referred to this Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After reviewing the evidence, we affirm the judgment.
Authoring Judge: Judge William B. Acree, Sr.
Originating Judge:Judge Pamela Johnson |
Workers Compensation Panel | 11/18/21 | ||
| James Prescott v. Premier Manufacturing Corp.
W2021-00052-SC-R3-WC
Employee sustained a back injury during his employment with Employer. Employee subsequently resigned from his employment as a result of the injury and filed a workers’ compensation claim. The trial court determined the injury was compensable as an aggravation of pre-existing back problems and awarded benefits. Employer has appealed, asserting the trial court erred in finding the injury was compensable; in adopting the impairment rating assigned by the authorized treating physician; and in applying a four multiplier. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.
Authoring Judge: Senior Judge Robert E. Lee Davies
Originating Judge:Chancellor James F. Butler |
Chester County | Workers Compensation Panel | 11/18/21 | |
| Brian Coblentz v. Stanley Black & Decker, Inc., Et Al.
M2020-01622-SC-R3-WC
This appeal arises from a motion filed by Brian Coblentz (“Employee”) to compel Stanley Black & Decker, Inc. (“Employer”) to provide medical treatment under the terms of a consent order previously entered by the trial court. Following a hearing, the trial court denied Employee’s motion. Employee has appealed, and the appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.
Authoring Judge: Senior Judge Don R. Ash
Originating Judge:Judge M. Wyatt Burk |
Lincoln County | Workers Compensation Panel | 10/20/21 | |
| Bethany Shelton v. Hobbs Enterprises, LLC, Et Al.
M2020-01220-SC-R3-WC
Bethany Shelton (“Employee”) filed a petition for benefit determination against Hobbs Enterprises, LLC (“Employer”) alleging an injury to her right shoulder suffered in a work- related accident on August 26, 2017. She sought temporary total, permanent partial, and continued medical benefits. Following the issuance of a dispute certification notice, Employer moved for summary judgment on the basis the only medical testimony, from the Employee’s treating orthopedic surgeon, Dr. Sean Kaminsky, was insufficient as a matter of law to establish causation. The Court of Workers’ Compensation Claims (the “trial court”) denied the motion and denied Employer’s motion to reconsider. Employer sought an expedited appeal before the Workers’ Compensation Appeals Board, but then sought and was granted a dismissal of that appeal. A trial was held, after which the trial court denied Employee’s claim on the ground she had failed to meet her burden to establish her right shoulder injury arose primarily out of and in the course and scope of her employment with Employer. Employee filed a motion to reconsider, which the trial court denied. She appealed directly to the Supreme Court. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Court of Workers’ Compensation Claims.
Authoring Judge: Senior Judge Don R. Ash
Originating Judge:Judge Joshua Davis Baker |
Workers Compensation Panel | 09/27/21 | ||
| Nicole Bowlin v. Servall, LLC, et al.
W2020-01708-SC-R3-WC
Nicole Bowlin ("Employee") filed a workers' compensation claim against Servall, LLC ("Employer") alleging injuries suffered in a work-related motor vehicle accident. Employer initially denied the claim. After an expedited hearing, the Court of Workers' Compensation Claims ("trial court") ordered Employer to pay Einployee's medical expenses and awarded attorney's fees under Tennessee Code Annotated section 50-6-226(a)(1). The Workers' Coinpensation Appeals Board ("Appeals Board") vacated the award of attorney's fees as premature and rernanded the case. The parties settled the case as to all issues except for attorney's fees. The trial court approved the settlement agreement but declined to order Employer to pay the attorney's fees authorized by section 50-6-226(a)(1). The Appeals Board affirmed. Employee appealed. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix.
Authoring Judge: Justice Roger A. Page
Originating Judge:Judge Allen Phillips |
Workers Compensation Panel | 08/13/21 | ||
| Gwendolyn Jumper v. Kellog Company ET AL.
W2020-01274-SC-R3-WC
Gwendolyn Jumper (“Employee”) filed this action against Kellogg Company (“Employer”), seeking workers’ compensation benefits for an injury to her back. Following a hearing, the Court of Workers’ Compensation Claims denied Employee’s claim for workers’ compensation benefits. Employee has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.
Authoring Judge: Judge Robert E. Lee Davies
Originating Judge:Judge Amber E. Luttrell |
Workers Compensation Panel | 06/23/21 | ||
| Angela Varner Nickerson v. Knox County, Tennessee
E2020-01286-SC-R3-WC
Employee filed a workers’ compensation claim against Employer alleging mental injury resulting from traumatic work-related experiences that occurred years earlier. Employer denied the claim and moved for summary judgment citing the statute of limitations. The Court of Workers’ Compensation Claims denied the motion. The Workers’ Compensation Appeals Board vacated the order and remanded for the court to consider whether it had subject matter jurisdiction based on Employee’s alleged date of injury. After a second hearing, the court again denied summary judgment, concluding the date of Employee’s mental injury should be determined by the “discovery rule” and the “last day worked” rule. The Appeals Board reversed and remanded for entry of an order of dismissal based on lack of subject matter jurisdiction. Employee appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix.
Authoring Judge: Judge Robert Ash
Originating Judge:Judge Thomas Wyatt |
Workers Compensation Panel | 06/08/21 | ||
| Nesreen Boutros v. Amazon.Com DEDC, LLC Et Al.
M2020-00455-SC-R3-WC
Nesreen Boutros (“Employee”) suffered a work-related injury to her right arm and neck while working for her employer, Amazon.com DEDC, LLC (“Employer”), on April 23, 2015. The Court of Workers’ Compensation Claims (the “trial court”) held Employee suffered a compensable injury and was entitled to lifetime medical benefits and temporary total disability (“TTD”) benefits, but suffered no permanent impairment. Employer appealed the award of TTD benefits and additional medical benefits, and the Workers’ Compensation Appeals Board (the “Appeals Board”) affirmed. Employer appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. After careful consideration, we affirm the decision of the Appeals Board and adopt its well-reasoned opinion in its entirety as set forth in the attached Appendix.
Authoring Judge: Senior Judge William B. Acree
Originating Judge:Judge Kenneth M. Switzer |
Workers Compensation Panel | 04/08/21 | ||
| Memphis Light Gas & Water Division v. Charles Nesbit
W2019-02275-SC-WCM-WC
Charles Nesbit (“Employee”) worked as a bucket truck driver for Memphis Light, Gas & Water Division (“Employer”). Employee sought workers’ compensation benefits for a gradually occurring injury to his knees. Relevant to the issues on appeal, the trial court found Employee suffered a compensable gradually occurring injury at work, and gave timely notice of his claim. Employer has appealed. The appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We find that Employee did not give timely notice of his claim, and we reverse the judgment.
Authoring Judge: Judge Don R. Ash
Originating Judge:Judge JoeDae Jenkins |
Shelby County | Workers Compensation Panel | 03/26/21 | |
| Charles Hopper v. UGN, Inc.
W2020-00524-SC-WCM-WC
Charles Hopper filed this workers’ compensation action after suffering a work-related injury to his neck. The trial court found that Mr. Hopper is permanently and totally disabled. Employer concedes that Mr. Hopper suffered a work-related injury but argues that the evidence preponderates against the trial court’s judgment as to permanent and total disability. Employer also argues that any award should be limited to 1.5 times the impairment rating. The appeal has been referred to this Panel for a hearing and a report of findings of fact and conclusions of law under Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.
Authoring Judge: Judge Robert E. Lee Davies
Originating Judge:Judge James Butler |
Madison County | Workers Compensation Panel | 03/26/21 |