Opinions

Swoffard vs. Del Pino-McClarty
03A01-9707-CV-00454

Jarrett vs. Starkey
03A01-9706-JV-00223

Branum vs. Akins
03A01-9709-CH-00418

Pam Ogren v. Housecall Health Care, Inc.
03S01-9706-CH-00078
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Frank V. Williams,
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 had sustained a 7 percent permanent vocational impairment as a result of an on-the-job injury. The defendant says the evidence preponderates against the award of 7 percent and says the trial judge should have limited the award to 2.5 times the medical impairment rating because the plaintiff failed to return to work when she was afforded a job within her medical limitations. We affirm the judgment of the trial court. The undisputed evidence shows the plaintiff was injured on December 16, 1994 as she performed her duties as a certified nursing assistant for the defendant. The plaintiff was assisting a paraplegic patient to dress at the time of the injury. The patient had raised himself on a trapeze bar by his arms and the plaintiff was attempting to dress his lower body. The base of the bar moved onto the plaintiff's left shoe. The plaintiff pushed on the bar to free her foot. The plaintiff heard a "pop" in her left shoulder and began to experience pain in her neck, shoulder, arm, and hand. It appears the plaintiff had some medical care at Athens Community Hospital; however, there is little in the record concerning this treatment. On March 27, 1995, the plaintiff was seen by Joel B. Ragland, a neurosurgeon in Knoxville. Dr. Ragland conducted examination and testing and found the plaintiff had a rather large disc rupture at C5-6 and C6-7. Dr. Ragland concluded surgery was required for the plaintiff's injury and this was done on April 21, 1995. Dr. Ragland did an anterior cervical diskectomy and fusion on the effected vertebrae. Dr. Ragland continued to see the plaintiff until October 1995 at which time he released her and found she had suffered a ten percent medical impairment to the body as a whole. Dr. Ragland was of the opinion the plaintiff could return to work with a ten pound lifting restriction. 2

Hon. Frank v. Williams,
03S01-9708-CH-00093
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. R. Vann Owens,
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 employee, Benjamin K. Reed, has appealed from a ruling of the trial court dismissing his claim for benefits as a result of an accident while working for defendant, Mueller Company. The trial court found the employee had failed to establish that his back injury was caused by the accident at work on July 26, 1994. Since the case was dismissed, there was no ruling on the employer's defenses of lack of proper notice and the expiration of the one year statute of limitations. Employee Reed was 44 years of age at the time of the trial and had completed the 12th grade. He had some trade school education and was employed by defendant as an industrial maintenance technician. On the day in question, he was carrying a "hulk gun" when he stepped on a metal grate and received an electrical shock. He stated it threw him into a beam causing an injury to his back. A co-worker, Dennis Disney, was nearby and saw the accident. Plaintiff testified he notified his supervisor about the accident and also discussed it with the company nurse. He continued to work and later saw Dr. Celeste Long; he did not improve and went to see his family doctor, David C. Conner; Dr. Conner eventually referred him to Dr. Paul A. Blackstone; he remained off work from sometime in January 1995 to March 1995; Dr. Blackstone diagnosed his problem as a ruptured disc; he did not improve and ceased working during September 1995. Plaintiff has seen numerous doctors during 1994-1996. Surgery was performed on October 14, 1995 by Dr. Scott D. Hodges to remove the ruptured portion of the disc. He did not get much relief from this surgical procedure and was operated on again by Dr. Blackstone on May 3, 1996 to remove the whole disc. At the trial below, he stated he was still having a lot of pain. During his examination, he admitted he was drawing company related disability benefits while he was off from work. He admitted that he had never requested his employer to furnish him a doctor and that the first time his employer was aware he was insisting his claim was work- related was when the suit was instituted on January 24, 1996. He also stated he had 2

State vs. Kelani Mayer
W1999-00613-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn

State vs. Byrd
03S01-9705-CR-00057

Trial Court Judge: Rex Henry Ogle

State vs. Byrd
03S01-9705-CR-00057

Trial Court Judge: Rex Henry Ogle

State vs. Cattone
03S01-9706-CR-00075

Trial Court Judge: Mayo L. Mashburn

Earhart vs. City of Bristol
03S01-9709-CH-00116

Earhart vs. City of Bristol
03S01-9709-CH-00116

JoAnn Duckett vs. Fox Fire Apt., et al
02A01-9709-CV-00215

Trial Court Judge: Whit A. Lafon

Barry Sawyer vs. First TN Bank, et al
02A01-9704-CV-00079

Trial Court Judge: Joe G. Riley. Jr.

Carroll Edward Mumpower v. City of Erwin, Tennessee
E2000-00698-WC-R3-CV
Authoring Judge: William H. Inman, Sr. J.
Trial Court Judge: Jean A. Stanley, Circuit Court Judge
The issue raised on appeal is whether the filing of a complaint by plaintiff Mumpower within one year after discovering his current medical condition to be causally related to an earlier accident is time-barred and cause for dismissal of this suit. The trial court found equitable estoppel not implicated and the fact that in 1998 plaintiff received additional information that his 1992 injury was worse than originally believed did not serve to extend the operation of the statute of limitations. We affirm the judgment of the court.

State vs. Lavender & Hobbs
01S01-9704-CR-00088

Daniel Harmon vs. State
01C01-9708-CR-00378

Carol Womac vs. State
03C01-9707-CC-00251

Trial Court Judge: Carroll L. Ross

State vs. Jimmy Eisom
02C01-9703-CC-00105

Trial Court Judge: Joe G. Riley. Jr.

State vs. Ivory Thomas
02C01-9705-CR-00179

State vs. Randall Thies
02C01-9708-CC-00299

Trial Court Judge: Joseph H. Walker, III

Ali vs. Moore
03A01-9708-CV-00347

Sprayberry-Gravitt vs. Baker
01A01-9707-CH-00295

Trial Court Judge: Carol A. Catalano

Lazenby vs. Lazenby
01A01-9708-GS-00432

Trial Court Judge: Robert P. Hamilton

Stones River Utilities vs. Metro Gov't
01A01-9709-CH-00461

Trial Court Judge: Ellen Hobbs Lyle

Wright, et. al. vs. C & S Family Credit
01A01-9709-CH-00470

Trial Court Judge: Irvin H. Kilcrease, Jr.