Connie Covington v. Nagle Industries, Inc.
01S01-9709-CH-00183
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Robert E. Burch
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. In this case the plaintiff ran afoul of the well-settled principle that the issues in a workers' compensation case, like any other, must be proved by a preponderance of the evidence. The trial judge ruled that the appealing plaintiff failed to carry her burden of proving causation and dismissed her claim for permanent, partial disability benefits. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The plaintiff alleged that on September 9, 1993 she sustained an injury to her elbow, arm, and both wrists, diagnosed as bilateral carpal tunnel syndrome which in the passage of time resulted in permanent, partial disability. The defendant filed its answer admitting that the "plaintiff sustained an injury in the course and scope of plaintiff's employment,"1 and denying all other allegations. The plaintiff testified that she began working for the defendant in May, 1991, doing assembly line work which she described as repetitive.2 After four or five months "into the job," her hands became swollen at the end of the 1But wh en the case was called for trial, the parties stipulated that causatio n was an issue. It prov ed to be dispositive. The answer was not amended, but the case was tried as if the defendant denied causation. 2Likely over-done, since she testified that she processed 8 parts per day. 2

Norma J. Baker v. Sally Beauty Supply and The Travelers Insurance Co.
02S01-9709-CH-00078
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Joe C. Morris,
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 suffered a 55 percent vocational impairment to her left leg and also awarded medical expenses in the amount of $1,112., which the defendant says were unauthorized. The defendant raises the following issues: I. Whether the evidence presented at trial preponderates against the trial court's award of 55% permanent partial disability to plaintiff's left lower extremity as a result of plaintiff's work related accident? II. Whether the medical expenses incurred by the plaintiff were reasonable, necessary and causally related to an injury arising out of the course and scope of employment? We affirm the judgment of the trial court. The plaintiff was injured on December 14, 1994 when a car backed into her and penned her legs between the bumpers of two cars. The plaintiff was performing duties in the course of her work for the defendant when this occurred. The plaintiff had significant injuries to her left leg. As near as we can tell from this record, the plaintiff was absent from work for a week. W hen she wished to return to work, the employer told her she would have to have a release from a physician to return. The employer had not then, nor so far as this record shows never, furnished the plaintiff with a panel of doctors for examination or treatment. The plaintiff was 53 years of age at the time of trial, has a high school education, and has nine months of beauty training. She testified that she continued to work for the defendant for one and a half years after her injury but had difficulty in doing the work because she could not stand for long periods of time and had trouble stooping and bending. We are of the opinion that the resolution of this case turns upon whether the medical evidence offered by the defendant was admissible. The defendant offered as medical proof a memorandum report by James G. Warmbrod, an orthopedic surgeon, as well as various reports from physical 2

Linda Butler v. Lumbermen's Mutual Ins.
01S01-9709-CH-00192
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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 Chancellor found that the plaintiff sustained an injury to her left foot which resulted in a 3 percent vocational impairment. This finding is challenged on appeal. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The plaintiff is 59 years old. She finished the 11th grade and has extensive industrial training. She was employed by Lanier Clothes, a textile manufacturer in Franklin County, for 22 years. Her duties required a substantial amount of walking. In April 1995, she developed a problem with her left foot, caused by a calcaneal spur. Her attending physician, Dr. Richard Bagby, prescribed custom molded inserts for her shoes, with anti-inflammatory medication. The footware was modified from time to time. She never missed work at Lanier, which closed its factory in October, 1995. About ten weeks later, the plaintiff was employed by Wal-Mart, where she functions satisfactorily so long as she utilizes the orthotic inserts. Dr. Bagby assessed her impairment at five percent to her left foot. He imposed no restrictions but thought she could experience some difficulty if she stood on hard surfaces all day. 2

Loyal Featherstone Constru. vs. Robert Coleman
02A01-9709-CH-00213
Trial Court Judge: C. Neal Small

Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077

Chrisman vs. Hill Home Development et al
03S01-9706-CV-00077

State vs. Brent Brown
02C01-9710-CC-00419

State vs. Joseph McDaniel
02C01-9801-CC-00016

State vs. Anthony Goods
02C01-9712-CR-00479

State vs. Looper
M1999-00662-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Robert M. Summitt

Hobbs vs. Hobbs
01A01-9801-CV-00015
Trial Court Judge: J. Curtis Smith

Coker vs. State Claims Comm
01A01-9806-BC-00318

Ledford vs. Ledford
01A01-9701-CH-00029
Trial Court Judge: Jim T. Hamilton

State vs. Michell Leiderman
01C01-9703-CC-00088

State vs. Joseph Martin Thurman
01C01-9706-CC-00231

State vs. Gary Vaughn, et al
01C01-9709-CR-00415

Jerome Williams vs. State
01C01-9709-CR-00441
Trial Court Judge: J. Randall Wyatt, Jr.

01C01-9802-CC-00055
01C01-9802-CC-00055
Trial Court Judge: Donald P. Harris

William A. Ransom vs. State
01C01-9708-CC-00328
Trial Court Judge: J. Randall Wyatt, Jr.

Danny Meeks vs. State
01C01-9709-CC-00387

State vs. Tavarus Williams
02C01-9711-CR-00423
Trial Court Judge: Chris B. Craft

State vs. Kenneth Nesbitt
02C01-9801-CC-00029

State vs. Darren Parsons
02C01-9801-CC-00030
Trial Court Judge: Julian P. Guinn

State vs. Audrey Downs
02C01-9710-CR-00390

State vs. Keith Guy
02C01-9712-CC-00478
Trial Court Judge: John Franklin Murchison