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| Gwendolyn Chesney v. Knoxville Glove Co. and Cigna Insurance Co.,
03S01-9602-CV-00014
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 employee contends the evidence preponderates against the trial court's award of permanent partial disability benefits based on twenty-five percent to the body as a whole and in favor of a higher award. As discussed below, the panel has concluded the award should be modified to provide for benefits based on fifty percent to the body as a whole. The employee or claimant, Chesney, is fifty-six years old and has a tenth grade education, with no skills. After working for Knoxville Glove Company for nearly twenty-seven years sewing, piecing, patching and hemming gloves, she developed disabling pain in her neck and right arm. She was referred to an orthopedist, Dr. Burns, who diagnosed cervical strain and radiculopathy caused or aggravated by work and superimposed on pre-existing cervical disc disease. He also ordered nerve testing which revealed right carpal tunnel syndrome. Carpal tunnel surgery was performed but failed to relieve her symptoms. Disc surgery was performed on her neck. The doctor assigned a permanent impairment rating of ten percent to the whole body from the cervical injury and an additional ten percent to the upper extremity from the carpal tunnel syndrome. The claimant is permanently restricted from any work requiring repetitive use of the hands and arms or heavy lifting. A vocational expert estimated her vocational disability at eighty to ninety percent. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 03/04/97 | |
| Bobby L. Marlowe v. Vulcan Materials Co.
03S01-9605-CH-00058
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 appeal has resulted from a finding by the trial court that plaintiff, Bobby L. Marlowe, was entitled to 1% disability benefits due to contracting an occupational disease while in the employment of his employer, defendant Vulcan Materials Company. Defendant Vulcan contends the Chancellor was in error (1) in ruling the statute of limitations had not expired; (2) in finding plaintiff had been exposed and injured while in its employment; and (3) in finding plaintiff was totally disabled. Plaintiff was 55 years of age and had completed the 9th grade. He has a long history of having worked under conditions exposing himself to smoke, dust, etc. He spent about 16 years working in a steel foundry; about 1 years working for various coal companies; and about 5 years with Vulcan at various quarry sites where his exposure was to rock dust. When he first reported to work with Vulcan in 1988, he had a chest x-ray which apparently was not indicative of any problems. He began having some breathing problems sometime in 1991 and was x-rayed. As a result of this examination, he received a form letter dated January 13, 1992 from a medical clinic in Birmingham, Alabama. This informed him that his x-ray showed "abnormalities consistent with pneumoconiosis" and advised he needed to see a physician. Vulcan sent him to see a specialist in Kingsport, telling him the x- ray indicated something was wrong. There is no direct evidence as to the findings by this doctor. Plaintiff continued to work, saying he did not know what was wrong. Sometime later in his employment, he told the court, his condition began to worsen. He described this as noticing a greater shortness of breath and said any exertion would result in his being completely out of breath. Mr. Howell, the safety director of Vulcan, discussed the situation with him and said they would try to work with him and keep him out of as much dust as possible. At some later 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 02/27/97 | |
| Hubert M. Hurd v. General Shale Products Corporation, et al.
03S01-9603-CH-00026
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. Defendants, General Shale Products Corporation and CNA Insurance Compa ny, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 3% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. Plaintiff Hurd was injured in the course and scope of his employment on August 2, 199, while manually rolling up a truck cover. The equipment did not work properly, and plaintiff was pushing with his right arm when he tore a biceps tendon. Plaintiff was 63 years of age at the time of the trial. He completed the 8th grade and later received a G.E.D. certificate. He had been employed by General Shale for 41 years and at the time of the accident was operating a dump truck. During his entire employment, he had worked at different positions such as a grinding machine operator, a brick machine operator, a fireman on the kiln, a forklift operator and a front-end loader operator. He continued to work after the accident at the same job as his employer installed an electric motor on the vehicle which would roll up the truck cover and eliminate the manual operation. Although he has continued to work, he told the court he does not have the strength in his arm and shoulder as prior to this injury; he testified his grip in his arm is now weak and when he carries anything, it is hard to straighten his arm back out. Dr. John Bell, an orthopaedic surgeon, treated plaintiff for his injuries. His testimony, which was by deposition, indicated plaintiff had sustained an injury to his arm and shoulder from the tear of the tendon and a neck injury where there was an aggravation of a previous condition due to degenerative changes. He 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. H. David Cate, |
Knox County | Workers Compensation Panel | 02/27/97 | |
| Gloria C. Perkins v. Whirlpool Corp., et al.
01S01-9603-CH-00053
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Rutherford County | Workers Compensation Panel | 02/26/97 | |
| Lumbermen's Mutual Casualty Company, Plaintiff/Appellant, v. Yolanda Guerrero,
01S01-9602-CH-00041
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 02/26/97 | |
| Lumbermen's Mutual Casualty Company v. Yolanda Guerrero
01S01-9602-CH-00041
This appeal from the judgment of the trial court in a workers' compensation case has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:HON. ROBERT S. BRANDT |
Davidson County | Workers Compensation Panel | 02/26/97 | |
| Wilma Uselton v. Conwood Company, Lp
02S01-9607-CV-00070
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal plaintiff contends the trial court erred in dismissing her complaint for benefits based on a prior settlement when the medical proof evidenced that she sustained a separate compensable injury.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/25/97 | |
| Timothy Woody v. North Brothers, Inc.
E2001-00521-WC-R3-CV
The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.The first issue presented by this appeal is whether there is evidence to support a finding of permanent impairment of pulmonary function as a result of the migration to the lung of an embolus from a clot created as a result of an injury to the plaintiff's lower extremity. If there is such evidence, the next issue is whether there can be a disability rating to the body as a whole where there is an injury to a scheduled member. After a close review of the record and consideration of the arguments of counsel, we believe that the evidence supports only a finding of a possible future injury to the lung from another embolus from the clot, rather than a present permanent injury. Accordingly, we reverse and remand for further findings. Because of the conclusion on the first issue, we do not reach the second.
Authoring Judge: W. Neil Thomas, III
Originating Judge:Jerri Bryant, Chancellor |
Knox County | Workers Compensation Panel | 02/25/97 | |
| Thomas R. Murrah v. Aetna Life and Casualty
02S01-9607-CV-00065
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. George H. Brown, Jr. |
Shelby County | Workers Compensation Panel | 02/21/97 | |
| Peggy J. Skaggs v. Preferred Risk Mutual Insurance Company
03S01-9603-CV-00029
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. The employer's insurer contends the evidence preponderates against the trial court's finding that the employee's fatal heart attack arose out of his employment. As discussed below, the panel has concluded the judgment should be affirmed. The claimant, Peggy Skaggs, is the widow of Charles R. Skaggs, deceased. At the time of his death, Mr. Skaggs was employed by the First Baptist Church of Morristown as Maintenance Supervisor. On August 8, 1994, following several hours of manual labor at the church, he developed severe neck pain and numbness and tingling in his hands and arms. Mrs. Skaggs, also a church employee, called an ambulance. He was taken to Ft. Sanders Hospital, where he died on August 1, 1994. According to the Death Certificate, death was caused by (1) heart attack, (2) coronary artery disease and (3) sudden cardiac death. The cause of the heart attack was confirmed by a medical doctor, who testified by deposition, "I believe the activity (he) engaged (in) may indeed have precipitated the onset of his myocardial infarction." The doctor conceded on cross-examination that undiagnosed pre-existing coronary artery disease may have been a contributing cause. The trial judge found the employee's heart attack to have been caused by physical exertion at work, thus compensable. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). A heart attack is compensable, as an accidental injury, if it can be shown by competent evidence that the attack was precipitated by physical exertion or stress at work. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The key, it has been held, to the recovery or denial of benefits is whether the heart attack is precipitated by the physical activity and exertion of the employee's work. Wingert v. Government of Sumner County, 98 S.W.2d 921 (Tenn. 1995). Moreover, an employee's death or disability resulting from a heart attack is causally related to his employment and therefore compensable, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Hamblen County | Workers Compensation Panel | 02/21/97 | |
| Alan Lee Pressley v. United States Fidelity and Guaranty Co.
03S01-9606-CH-00058
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's insurer contends the evidence preponderates against the trial court's finding that the employee has suffered an injury arising out of the employment. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Pressley, was thirty-eight years old at the time of the trial. He has an eighth grade education, but had to repeat the second, fifth and seventh grades. He has worked as a bag boy and service station attendant. He began working as a mechanic for The Auto Place in 1988. On the afternoon of October 4, 1994, he was attempting to install a gasoline tank on a vehicle when his back made a popping noise and he felt low back pain. Later the same day, he reported to the emergency room at Harriman City Hospital. The history recorded by the admitting clerk reflects the claimant had been suffering back pain for about a year, but the claimant's wife testified at trial that she told the clerk about the injury that had occurred at work the same day. The claimant did not return to work the next day because of back pain. Four days later, the claimant reported to the emergency room at Oak Ridge Methodist Medical Center. The clerk's notes at this hospital indicate the pain began five days earlier as the claimant was getting out of bed, although the claimant's live testimony is that he explained to the person taking his history about the injury at work. He was thereafter treated by Dr. Hardigree, who released him to return to work after a conservative treatment and a short period of disability. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/21/97 | |
| James W. Smith v. Wilson County Concrete Co., et al.
01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 02/21/97 | |
| James W. Smith v. Wilson County Concrete Co., et al.
01S01-9604-CR-00073
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 02/21/97 | |
| Darin Potts v. Beaman Bottling Co., et al.
01S01-9605-CH-00108
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 judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 02/21/97 | |
| Douglas W. Taylor v. Bgl Mining Co., Inc., et al.
01S01-9604-CH-00066
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 of findings of fact and conclusions of law. The fundamental issue in this case is whether an injury on the way from work occurring on a road neither owned nor maintained by the employer, but which is the only available route from the work place, was an injury "arising out of and in the course of employment." Tenn. Code Ann. _ 5-6-12(a)(4). We conclude that it is not and affirm the trial court's summary judgment for the employer. Tennessee Consolidated Coal Company (TCC) uses independent contractors to mine coal on its 35, Cumberland Plateau acres by leasing individual mines to individual operators. The plaintiff's employer, BGL Mining Company, leased mine 34, and mined TCC's coal for which TCC paid BGL a per- ton fee. TCC hauled the coal away from mine 34 and other mines on a haul road TCC built and maintained along the Marion-Sequatchie county line. The haul road was the only way to get to and from mine 34. The private road leads from a county road a short distance from the county road's intersection with Tennessee Highway 18. TCC's haul roads are strictly private roads, and TCC limits access to them. Victoria Arlene Anderson did not have permission to use TCC's haul road on the afternoon of March 11, 1992, but she drove her Dodge pick-up on it anyway and collided head-on with the plaintiff's car as he was driving from his work at mine 34. The severely injured plaintiff was air-lifted to Chattanooga's Erlanger Medical Center. -2-
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. Jeffrey F. Stewart, |
Marion County | Workers Compensation Panel | 02/21/97 | |
| Ronnie Settles v. Sharps Mill Forest Products Inc. and Old Republic Insurance Company
02S01-9607-CV-00069
This worker's compensation appeal has been referred to the special worker's 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 awarded the plaintiff a permanent partial disability of ten (1%) percent to the body as a whole and found his proper compensation rate to be $366.68. Defendants have appealed, alleging that plaintiff did not prove that his facial disfigurement materially affected his employability, and that the trial court erred in setting the compensation rate at $366.68.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. C. Creed Mcginley |
Hardin County | Workers Compensation Panel | 02/21/97 | |
| Darin Potts v. Beaman Bottling Co., et al.
01S01-9605-CH-00108
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 judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 02/21/97 | |
| Angela Thurman v. Cna Ins. Co., et al.
01S01-9605-CH-00089
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Wilson County | Workers Compensation Panel | 02/21/97 | |
| William Jerry Flippin, Jr., v. A. O. Smith Automotive Products Company
02S01-9601-CH-00089
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 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer questions the award of permanent partial disability benefits as being excessive and contends the award should be to the first phalange of the thumb rather than to the thumb. As discussed below, the panel has concluded the judgment should be modified.
Authoring Judge: Special Judge Joe C. Loser, Jr.
Originating Judge:Chancellor Joe C. Morris |
Gibson County | Workers Compensation Panel | 02/16/97 | |
| Jessie James Jones, Jr. v. Cigna Insurance Companies
02S01-9601-CH-00041
This workers' compensation app eal has been referred to the Special W ork ers ' C om pe ns atio n A pp ea ls P an el of the Su pre m e C ou rt in acc ord an ce with Te nn . Co de An n. _ 5 -6- 22 5(e )(3 ) fo r he arin g a nd rep orting of find ings of fa ct an d co nc lusio ns of law . The p lainti ff, Je ss e J am es Jo ne s J r., u nd erw en t co m pe ns ab le lumbar disc h ern iatio n a nd surgery for which he entered into a settlement agre em ent w ith his em ployer for p aym en t of permanent partial disa bility be ne fits of 4 % to the bo dy as a w ho le in September, 19, 1992. On May 18, 1992, Plaintiff was injured in a second industrial accident and suffered a second lumbar disc herniatio n for which he underwent a sec on d lam inec tom y. The plaintiff recovered a judgment for the second injury against Cigna Insurance Company in which he was aw ard ed fur the r w ork ers ' co m pe ns atio n b enefits based on the find ing that he suffered 55% perm ane nt partial disab ility to the bo dy as a whole. On Se pte m be r 2 , 19 95 , C ign a file d a m otio n fo r re du ctio n o f aw ard pursuant to Tenn. Code Ann. _ 56-6-231 seeking a reduction of the pe rm an en t disa bility aw ard for the sec on d inju ry. Th e T rial Co urt denied Cigna's motion for reduction of award and this appeal results. In its on ly issue, Cigna says that evidence preponderates against the Tr ial C ou rt's d en ial o f its m otio n to te rm ina te its ob liga tion for payment of p erm an en t disa bility be ne fits as of N ov em be r 7, 1 99 5. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Honora Ble Joe C. |
Madison County | Workers Compensation Panel | 02/10/97 | |
| Carmella Mccadams v. Henry County Board of Education
02S01-9606-CV-00055
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. The issue in this appeal is whether the evidence preponderates against the trial court's award of permanent disability benefits for a claimed back injury. This tribunal has concluded the judgment should be reversed for insufficient evidence of permanency. Because we do not reach a second issue, involving the method by which the employee's average weekly wage is determined, that issue is pretermitted. At the time of the trial, the employee or claimant, McCadams, was thirty-six years old, with a twelfth grade education and 8 hours of training in cosmetology. Her work history includes sewing shoes at Brown Shoe, sewing clothes at HIS, baby sitting at home, cleaning houses, working at a florist and working in the cafeteria at Henry County High School. She began working for the employer, Henry County Board of Education, in March of 1993, as a substitute cook. On November 18th of the same year, while standing on a ladder to reach vents she was cleaning, she lost then quickly regained her balance. When she did, she felt pain in her neck and back. She did not fall. She finished working that day and, except for the following day when she worked only three hours and twenty-five minutes, worked regularly until December 6th of the same year. She has voluntarily quit working. On December 3rd and 13th, she sought treatment from Dr. Walter Griffey for pain in her back and neck and a funny feeling in both feet. In January of 1994, she sought treatment from Dr. Carl W. Huff, who diagnosed neck pain without objective findings, back pain without objective findings and symptom magnification syndrome. Dr. Huff prescribed return to work without limitations and with no permanent impairment. She has been also seen by three neurosurgeons, none of whom found evidence of injury, other than preexisting degenerative disc disease. One of them described the claimant as a malingerer. Her husband called the doctor a quack. The claimant was finally referred to a Dr. Mark Crawford, whose specialty and qualifications are not in the record. Dr. Crawford wrote, " (B)ased on the AMA Guidelines to the Evaluation of Permanent Impairment, 4th Edition and based on moderate degenerative disc disease of L4 and L5 with residuals, she would have an impairment of 8% of the whole person. This degenerative disc disease was an asymptomatic pre-existing condition brought into disabling reality by her work related injury." None of the other medical experts assigned any permanent impairment. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 02/10/97 | |
| Alma J. Milam v. Mci Telecommunications Corp., et al
02S01-9604-CH-00040
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
Originating Judge:Hon. D. J. Alissandratos, |
Shelby County | Workers Compensation Panel | 02/10/97 | |
| Ronald L. Shook v. Yates Construction Co., Inc., et al.
03S01-9602-CV-00011
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 employee or claimant, Shook, contends the evidence preponderate against the trial judge's finding that his psychological condition did not arise out of his employment. The panel has concluded that the judgment should be affirmed. The claimant has a long history of mental illness, including severe depression and post-traumatic stress disorder, and drug and alcohol abuse. He has been hospitalized and received out-patient care since his discharge from military
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Harold Wimberley, |
Knox County | Workers Compensation Panel | 01/27/97 | |
| Jerry T. Matheny v. Insurance Co. of North America
02S01-9604-CH-00034
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The issue in this appeal is whether the trial court erred in not enlarging an award, pursuant to Tenn. Code Ann. section 5-6- 241(a)(2). As discussed below, the panel has concluded the judgment should be affirmed. The injury in question occurred on September 5, 1992 to the claimant's neck. The claimant was treated by a physician who assigned a permanent impairment rating of eight percent to the body. The claimant returned to work at a wage equal to or greater than the wage he was receiving at the time of the injury and was awarded permanent partial disability benefits on the basis of two and one-half times the impairment rating, or twenty percent to the body as a whole, paid in a lump sum. The award was made on March 22, 1994. On May 9, 1994, the claimant suffered another injury to his neck at work. From that injury, superimposed upon two previous injuries, including the one in question, he was found to be one hundred percent permanently disabled and awarded benefits accordingly. Because of the disability resulting from the most recent injury, the claimant is unable to return to work. The claimant contends he is therefore entitled to have the previous award enlarged. For injuries arising after August 1, 1992, by Tenn. Code Ann. section 5-6-241(a)(1), in cases where an injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability award the employee may receive istwo and one-half times the medical impairment rating. By Tenn. Code Ann. section 5-6- 241(a)(2), if the injured worker thereafter loses his or her pre-injury employment, the court may, upon proper application made within one year of the employee's loss of employment, and if such loss of employment is within four hundred weeks of the day the employee returned to work, enlarge the award to a maximum of six times such impairment rating, allowing the employer credit for permanent partial disability benefits already paid for the injury. The only reasonable interpretation of subsection (2) is that if the injured worker's later loss of employment is causally related to the injury for which an award has been made, the trial judge has the discretion to enlarge the award, if the application is timely made. Any other interpretation would be inconsistent with the long standing rule that an employer takes the employee as 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. J. Steven Stafford, |
Lake County | Workers Compensation Panel | 01/27/97 | |
| Clifford J. Kapp v. Transway, Inc.
02S01-9606-CV-00054
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance 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 the evidence preponderates against the trial court's finding that the employee suffered a permanent injury arising out of the employment. As discussed below, the panel has concluded the award of permanent disability benefits should be reversed. The employee or claimant, Kapp, was employed by the employer, Transway, on September 29, 1994 as a truck driver. On that day, the claimant and a co-worker were unloading a tub from a trailer when the co-worker dropped his end, causing the claimant to fall to the floor. He received emergency care at a nearby hospital and was released the same day. Since that time, he has seen numerous doctors. Dr. Michael Smelser, a general practitioner,treated the claimant for pain on three occasions. He performed a neurological examination, which was normal. We find in the record no evidence that Dr. Smelser found any permanent injury or impairment. Dr. Joseph P. Rowland, a neurosurgeon, saw the claimant three or four times. Dr. Rowland conducted a thorough neurological examination and ordered scientific tests, the results of which were normal. Dr. Mark S. Harriman, an orthopedic surgeon, was unable to find any objective evidence of injury. He found no evidence of permanent medical impairment. Dr. Roy Page examined the claimant and found no abnormality. Dr. James H. Owens conducted an extensive examination and found no basis for the claimant's complaint of pain. The only doctor who found any permanent impairment was Dr. Stephen L. Gipson, a pain management doctor. On the basis of complaints of chronic back pain, this doctor assigned a permanent impairment rating of eleven percent to the whole body. All of the medical evidence was by deposition or written reports. The claimant has not returned to work. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. C. Creed Mcginley, |
Decatur County | Workers Compensation Panel | 01/24/97 |