Rita Baker v. Ckr Industries, Inc.
01S01-9604-CV-00074
Authoring Judge: Robert S. Brandt, Senior Judge
Trial Court Judge: Hon. Thomas W. Graham,
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 plaintiff is employed by CKR Industries, a Winchester company that makes rubber windshield and door sealers for Nissan. A piece of plywood fell on her on January 4, 1993, and she filed suit alleging that as a result, she is totally, permanently disabled. The trial court found otherwise and ruled that she has no permanent disability. Because the trial court's finding is fully supported by the evidence, we affirm the decision. The minor nature of the accident is one factor supporting the trial court's decision. The four foot-by-eight foot single sheet of plywood surrounded by a metal frame was being used as a bulletin board and was standing next to where the plaintiff worked. It only fell one or two feet onto her shoulder. The plaintiff did not seek any medical treatment for several days. She never missed any work on account of the accident that she alleges left her totally and permanently disabled. She now works ten-to-twelve hours a day, five days a week. The most reliable medical evidence does not support her claim of permanent disability. He primary treating physician was Dr. Ray Fambrough, an orthopedic surgeon in Huntsville, Alabama. He diagnosed the plaintiff as having "subacromial impingement" which is nothing more than bursitis of the shoulder. Dr. Fambrough concluded that the blow to the plaintiff's shoulder did not in itself cause the bursitis, but that it exacerbated it. He testified that any impairment from the blow to the shoulder would be negligible. -2-

02A01-9510-CV-00213
02A01-9510-CV-00213
Trial Court Judge: Kay S. Robilio

State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June 20, 1996),
02C01-9610-CC-00338

Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn. Crim.
02C01-9610-CC-00345

MC-CH-CV-RE-03-15
MC-CH-CV-RE-03-15
Trial Court Judge: John H. Gasaway, III

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X2010-0000-XX-X00-XX
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X2010-0000-XX-X00-XX
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In April 1989. In The Present Appeal, The Petitioner, Relying In Part Upon State v. Roger
02C01-9610-CC-00333

State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June 20, 1996),
02C01-9610-CC-00335

03A01-9607-CV-00227
03A01-9607-CV-00227
Trial Court Judge: Inman

X2010-0000-XX-X00-XX
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X2010-0000-XX-X00-XX
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01A01-9602-CV-00070
01A01-9602-CV-00070
Trial Court Judge: Thomas W. Brothers

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9605-CV-00201
Trial Court Judge: Hamilton V. Gayden, Jr.

01A01-9604-CH-00181
01A01-9604-CH-00181
Trial Court Judge: Gerald L. Ewell, Sr.

01A01-9603-PB-00093
01A01-9603-PB-00093
Trial Court Judge: James R. Everett

01A01-9604-CH-00191
01A01-9604-CH-00191
Trial Court Judge: Ellen Hobbs Lyle

01A01-9604-CH-00149
01A01-9604-CH-00149
Trial Court Judge: Ellen Hobbs Lyle

03C01-9512-CC-00381
03C01-9512-CC-00381

03C01-9506-CR-00169
03C01-9506-CR-00169
Trial Court Judge: James C. Witt

State vs. John Wayne Slate
03C01-9511-CC-00352