Opinions

Johnny Ownby v. National American Insurance Company
03S01-9604-CV-00037
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Rex Henry Ogle,
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 court awarded plaintiff 48% permanent partial disability to the body as a whole at a compensation rate of $266.66 per week. Defendant challenges the amount of disability awarded, the compensation rate applied and certain discretionary costs awarded. Plaintiff, 37, graduated from high school. Most of his work experience has been in heavy construction labor. He testified that he injured his lower back on July 4, 1994, while digging up an asphalt driveway and loading the asphalt chunks onto a truck for defendant's insured. He worked on light duty until October but has not worked since October.1994. Plaintiff was treated by Alan L. Whiton, M.D., an orthopedist, who testified in this case by deposition. He opined that plaintiff had a disruption or internal cracking of L4-L5 based upon the results of a discogram. He assigned plaintiff a five percent permanent impairment rating to the body as a whole according to the AMA Guides. George B. Brooks, D.O., a family practitioner, examined the plaintiff at the request of his attorney. He diagnosed degenerative disc disease with radiculopathy at L4-5 by history. He assigned a ten percent impairment rating according to the American Orthopedic Academy guidelines. He testified that he would not disagree with Dr. Whiton's five percent impairment rating but that he also considered that plaintiff had over six months of subjective complaints of pain. He further testified that some portion of his impairment rating was attributable to degenerative changes that predated plaintiff's work-related injury, but he could not apportion it. Fred A. Killefer, M.D., neurosurgeon, examined plaintiff at the request of the defendant. He found no objective signs of a permanent injury and opined that plaintiff had a normal spine with subjective complaints of pain. He further opined 2

Theresa Webb v. The Quaker Oats Company
02S01-9603-CH-00029
Authoring Judge: F. Lloyd Tatum, Special Judge
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.

William Valdez, & Miguel Pineda v. Lang Environmental
01S01-9605-CH-00085
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Robert S. Brandt,
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.

Fireman's Fund Insurance v. Taylor Barton Mills
03S01-9601-CH-00008
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Dennis H. Inman,
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 contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. On February 15, 1995, the employee or claimant, Mills, was working at his job as a machinist using a large lathe to bore a specifically sized hole into a fifty inch bull gear. After stopping the lathe to take a measurement, he accidentally - perhaps negligently - brushed against the lathe's starter button. The lathe started and the claimant's clothing was caught in the turning lathe. As a result, he was injured. Tests done at the University of Tennessee Medical Center shortly after the accident revealed a high level of cannaboid concentration from probable chronic use of marijuana. The claimant admits to being a chronic user of marijuana and had admittedly smoked two or three "joints" on the evening before the accident. Additionally, two witnesses testified that they thoughtthey saw him from some one hundred feet away, sharing a joint with another employee on the morning of the accident, before beginning work. The claimant and other employee denied it. The employer knew Mills was a heavy marijuana user and had fired him for thirty days on a previous occasion for "suspected" use of the substance, but re-hired him 3 days later at a higher rate of pay. An expert, without examining the claimant, opined from lab test results that marijuana intoxication was a possible contributing cause of his 2

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01A01-9510-CH-00430
01A01-9510-CH-00430
Trial Court Judge: Robert S. Brandt

01A01-9603-CH-00140
01A01-9603-CH-00140
Trial Court Judge: Donald P. Harris

01A01-9605-CV-00230
01A01-9605-CV-00230
Trial Court Judge: Walter C. Kurtz

01A01-9606-CH-00256
01A01-9606-CH-00256
Trial Court Judge: Robert S. Brandt

01A01-9604-PB-00163
01A01-9604-PB-00163
Trial Court Judge: Joe P. Binkley, Sr.

01A01-9607-CV-00304
01A01-9607-CV-00304
Trial Court Judge: James E. Walton

Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Trial Court Judge: Thomas W. Brothers

Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Trial Court Judge: Thomas W. Brothers

01A01-9606-CH-00256
01A01-9606-CH-00256
Trial Court Judge: Robert S. Brandt

Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24,
01A01-9603-CH-00140

01A01-9609-CH-00426
01A01-9609-CH-00426
Trial Court Judge: Irvin H. Kilcrease, Jr.

John Timothy Enochs, v. Dr. George Nerren, Superintendent of Dyersburg Schools, and The Dyersburg Board of Education
O2A01-9505-CH-00113
Authoring Judge: Judge Holly Kirby Lillard
Trial Court Judge: Chancellor J. Steven Stafford

This case involves the dismissal of a tenured teacher. Appellant John Timothy Enochs (“Enochs”) challenges his discharge by Appellee Dyersburg Board of Education (“Board”) from his position as a tenured teacher in the Dyersburg City School System. After a hearing, Enochs’ dismissal was affirmed by the trial court. In this appeal, Enochs claims that the trial court’s hearing and review of the Board’s dismissal violated the Teacher Tenure Act and his right to due process. We affirm the decision of the trial court.

State vs. Ervin
03C01-9707-CC-00311

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Patricia D. Woodward v. American General Life & Accident Insurance Company
03S01-9512-CV-00138
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Thomas J. Seeley, 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. 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, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2

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03C01-9506-CC-00176
03C01-9506-CC-00176
Trial Court Judge: D. Kelly Thomas, Jr.