Michael Eugene Smith v. Goodyear Tire & Rubber Co With Order
02S01-9603-CH-00037
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. William Michael Malone,
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 award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Smith, is forty-seven and a high school graduate. He has worked for Goodyear since 1969, at several different jobs, all involving manual labor. On May 13, 1994, he injured his back lifting. The claimant was referred to an orthopedic surgeon, who diagnosed a central disc herniation at L5-S1, which was surgically repaired bilaterally. As a result of the injury and surgery, he can lift only 3 pounds frequently and 5 pounds occasionally. He is further limited in his bodily activities and has a permanent medical impairment of ten percent to the whole body. The operating surgeon testified that the claimant is medically disqualified from returning to his pre-injury job or any other one which would require heavy lifting or painful activity. When the claimant returned to work after a period of recuperation, he was offered a choice of jobs. The one he accepted was within his limitations, but he receives a lower hourly wage than he was earning before the injury. He continues to have pain and stiffness from working. The chancellor awarded permanent partial disability benefits on the basis of forty percent to the body as a whole. 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). For injuries occurring after August 1, 1992, in cases where and 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 is two and one-half times the medical impairment rating. Tenn. Code Ann. section 5-6-241(a)(1). If the offer of return employment is not reasonable in light of the circumstances of the employee's physical disability to 2

Michael Eugene Smith v. Goodyear Tire and Rubber Company
02S01-9603-CH-00037
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. William Michael Maloan,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed.

02A01-9606-CH-00134
02A01-9606-CH-00134
Trial Court Judge: John Walton West

02A01-9605-CV-00105
02A01-9605-CV-00105
Trial Court Judge: George H. Brown

El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
Trial Court Judge: D'Army Bailey

02A01-9604-CH-00071
02A01-9604-CH-00071
Trial Court Judge: Crowson

02C01-9508-CR-00224
02C01-9508-CR-00224

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Mallard vs. Tompkins
M2000-00162-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Thomas W. Brothers
The trial court entered judgment on a jury verdict for the defendant. The plaintiff argues on appeal that the trial court committed reversible error by failing to exclude from the jury a woman who revealed that she knew some members of the defense attorney's family. We affirm the trial court.

02A01-9507-CV-00147
02A01-9507-CV-00147
Trial Court Judge: Chandler

02A01-9507-CH-00144
02A01-9507-CH-00144
Trial Court Judge: Floyd Peete, Jr.

James v. Ball
02C01-9111-CR-00237
Trial Court Judge: L. Terry Lafferty

03C01-9603-CC-00094
03C01-9603-CC-00094
Trial Court Judge: Rex Henry Ogle

03C01-9606-CC-00216
03C01-9606-CC-00216

03C01-9604-CR-00160
03C01-9604-CR-00160
Trial Court Judge: Stephen M. Bevil

03C01-9509-CC-00277
03C01-9509-CC-00277
Trial Court Judge: Mary Beth Leibowitz

03C01-9512-CC-00401
03C01-9512-CC-00401
Trial Court Judge: James E. Beckner

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

01C01-9509-CR-00309
01C01-9509-CR-00309
Trial Court Judge: Jane W. Wheatcraft

01C01-9601-CC-00038
01C01-9601-CC-00038
Trial Court Judge: Henry Denmark Bell

01C01-9601-CR-00016
01C01-9601-CR-00016

Abou-Sakher vs. Humphreys Co, et. al.
01A01-9604-CH-00185
Trial Court Judge: Leonard W. Martin

Turner vs. Turner
01A01-9506-CV-00255
Trial Court Judge: Marietta M. Shipley

01A01-9603-CH-00138
01A01-9603-CH-00138

Harmon vs. Dunn
01A01-9607-CH-00344
Trial Court Judge: Jim T. Hamilton