James G. Spears v. Pathway Bellows, Inc. 03S01-9812-CV-00148
Authoring Judge: H. David Cate, Special Judge
Trial Court Judge: Hon. James B. Scott, Jr.,
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 defendant, Pathway Bellows, Inc., appeals the trial court's award of twenty percent (2%) permanent partial disability to the left upper extremity.1 We agree with the trial court and affirm. The plaintiff, James Spears, was 56 years old in February, 1999. He dropped out of school in the 1th grade and joined the U. S. Army. While in the Army he worked in communications and received his general equivalency diploma. After being honorably discharged from the Army, he went to work as an assembler and later as a welder. While working for a small machine shop he learned to weld very thin exotic material. This type of welding requires a very steady hand and a tremendous amount of concentration. In 1969, the plaintiff went to work for the defendant. From 1969 to 1997 the plaintiff traveled all over the world welding exotic material for the defendant. On August 4, 1997, he was cutting parts that weighed around 2 pounds. He would push, catch and stand them on the ground. Later in the day his left shoulder began to bother him. He told his supervisor who sent him to Ambulatory Care where he saw Dr. Hilton. Subsequently, Dr. Hilton referred the plaintiff to Dr. Sidney Wallace, an orthopedic specialist, who first saw the plaintiff on September 17, 1997. Dr. Wallace diagnosed the plaintiff's injury as a rotator cuff syndrome on the left side. Dr. Wallace treated the plaintiff from September 17 through November 11, 1997, when Dr. Wallace released the plaintiff to return to his normal work duties. At this time Dr. Wallace felt the plaintiff should have another physician examine him because he had seen a video, showing the plaintiff doing things, which he thought impaired the doctor-patient relationship. 1T.C.A. _ 5-6-27 (3)(A)(ii)(m) denotes the upper extremity as arm. The parties agreed during oral argument that the final judgment mistakenly awarded benefits to the body as a whole and should be amended to award benefits to the arm. 2
Kathy Mae Perry v. Tennessee Distribution, Inc. 03S01-9904-CH-00042
Authoring Judge: H. David Cate, Special Judge
Trial Court Judge: Hon. G. Richard Johnson,
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 only issue for resolution is whether the preponderance of the evidence supports the trial court's award to the plaintiff, Kathy Mae Perry, of 5 percent permanent partial disability to the right leg. We think it does and affirm. The plaintiff was 4 years old on December 15, 1998. She dropped out of school in the eleventh grade but later received a general equivalency diploma. She had training in cosmetology and worked as a beautician for 8 months. She also had experience as a cashier. In July 1992 she was employed by the defendant, Tennessee Distribution, Inc. On August 23, 1996, she bumped her right knee while working for the defendant. At that time her job was a standup forklift driver. Subsequently the plaintiff went to see the defendant's nurse who referred her to Dr. Goulding, who then referred her to Dr. Mark Aiken, an orthopedic surgeon. Dr. Aiken first saw the plaintiff on September 24, 1996 and again on November 4, 1996. At the latter visit he released her to return on an as needed basis. His diagnosis of the plaintiff's injury was a mild prepatellar bursitis. The plaintiff sought additional medical treatment and was sent by the defendant to see Dr. Alan Williams, II, who treated the plaintiff from December 17, 1996 through May 12, 1998. On April 15, 1997 he performed a diagnostic arthroscopy. His diagnosis of the plaintiff's injury was chondromalacia of the patella and the femoral condyle of the right knee. The plaintiff missed work from April 4, to June 12, 1997 when she took a voluntary layoff and had the arthroscopy. Since mid June, 1997 she has worked for the defendant as a standup forklift driver, the job she was doing at the time of the accidental injury. It was Dr. Williams' opinion that the plaintiff had sustained a 5 percent impairment to her lower right extremity. He restricted her to a 4 hour work week. 2
State vs. Hester 03C01-9704-CR-00144
Trial Court Judge: Stephen M. Bevil
Hamilton
Court of Criminal Appeals
Kellie Shoun v. Southeast Industries, Inc. 03S01-9902-CH-00019
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. G. Richard Johnson,
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 employer, Southeast Industries, Inc., has appealed from the action of the trial court in awarding the employee, Kellie Shoun, 5% permanent partial disability to the body as a whole. Several issues are being raised by the appeal. The primary question is the claim by the employer that the injury was not work-related. Other issues concern whether the trial court was in error in fixing the award of disability, in awarding temporary total disability benefits and in ruling certain questions by defense counsel were leading questions. Kellie Shoun was 25 years of age at the time of the trial (which was five years after the date in question) and was a high school graduate. She had an associate's degree from Northeast State Community College in computer programming. She was employed by Southeast as a "laminator" which she said involved heavy lifting of boxes of metal parts. On August 29, 1994, while moving boxes and placing them on a shelf, she stated she felt a strain in her low back. She said she told her supervisor, Jacqueline Dugger, that she had strained her back while lifting the boxes and Ms. Dugger told her to take some aspirin. She testified the pain continued that night and she was having muscle spasms and during the next day, she mentioned the problem to supervisor Dugger again. Later on September 1st she said as she was stepping out of the bathtub, she felt a pop in her back as she lifted her leg over the tub and the pain was so bad she could hardly walk. On the same day of the bathtub incident, she went to see Dr. Lonnie Jackson, a chiropractor who had been treating her for a number of years for migraine headaches, knee injury, etc. Dr. Jackson treated her for a period of time and then referred her to an orthopedic doctor. The record indicates she first came under the care of Dr. Mark T. McQuain and then she saw Dr. Richard Duncan who performed surgery. 2
Knox
Workers Compensation Panel
M1999-00262-CCA-R3-CD M1999-00262-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter
