03C01-9511-CC-00373
03C01-9511-CC-00373

03C01-9506-CR-00173
03C01-9506-CR-00173
Trial Court Judge: Mayo L. Mashburn

03C01-9605-CC-00198
03C01-9605-CC-00198
Trial Court Judge: Rex Henry Ogle

02C01-9510-CR-00301
02C01-9510-CR-00301
Trial Court Judge: Joseph B. Dailey

03C01-9601-CC-00038
03C01-9601-CC-00038
Trial Court Judge: Frank L. Slaughter

03C01-9511-CC-00365
03C01-9511-CC-00365

03C01-9606-CC-00210
03C01-9606-CC-00210
Trial Court Judge: Ben W. Hooper, II

03C01-9606-CC-00211
03C01-9606-CC-00211

03C01-9602-CC-00078
03C01-9602-CC-00078

03C01-9508-CC-00243
03C01-9508-CC-00243
Trial Court Judge: William R. Holt

03C01-9512-CC-00412
03C01-9512-CC-00412

03C01-9601-CR-00021
03C01-9601-CR-00021

Jerry T. Matheny v. Insurance Co. of North America
02S01-9604-CH-00034
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. J. Steven Stafford,
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

Ronald L. Shook v. Yates Construction Co., Inc., et al.
03S01-9602-CV-00011
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Harold Wimberley,
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

Huttchson vs. Cole
M1999-00204-COA-R10-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Clara W. Byrd

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

01S01-9511-CH-00208
01S01-9511-CH-00208
Trial Court Judge: Cornelia A. Clark

02S01-9509-CV-00074
02S01-9509-CV-00074

02S01-9607-CH-00062
02S01-9607-CH-00062

Clifford J. Kapp v. Transway, Inc.
02S01-9606-CV-00054
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. C. Creed Mcginley,
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

Garland Powell vs. State
02C01-9612-CC-00483

01A01-9608-CH-00371
01A01-9608-CH-00371
Trial Court Judge: Robert S. Brandt

01A01-9606-CV-00251
01A01-9606-CV-00251
Trial Court Judge: Barbara N. Haynes

01A01-9606-CV-00251
01A01-9606-CV-00251
Trial Court Judge: Hamilton V. Gayden, Jr.